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2025 DAILYLAW 50952 (ALL)

AMIT BANSAL v. STATE OF U.P. AND ANOTHER

A482/5697/2017 · 2025-07-20

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118757 Court No. - 78 Case :- APPLICATION U/S 482 No. - 5697 of 2017 Applicant :- Amit Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Chaudhary,Shivesh Mishra Counsel for Opposite Party :- G.A.,Shishir Kumar Srivastava Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Rajeev Kumar Tripathi, Advocate, holding brief of Sri Shivesh Mishra, learned counsel for the applicant, Sri Kumar Dhananjay, Advocate, holding brief of Sri Shishir Kumar Srivastava, learned counsel for opposite party no.2 and Sri Rajesh Kumar Gupta, learned AGA appearing for the State. 2. The instant application under Section 482 Cr.P.C. has been filed by the applicant seeking quashing of the charge sheet of Case No.1817 of 2016, arising out of Case Crime No.0030 of 2016, under sections 406, 420, 506, IPC, Police Station Sihani Gate, District Ghaziabad, pending before the Addition Chief Judicial Magistrate, IIIrd, Ghaziabad. 3. Learned counsel for the applicants submits that there was dispute between the applicant and he opposite party no.2 with regard to some financial transaction. In connection there with another complaint case under section 138 of the N.I. Act was filed by the opposite party no.2 against the applicant herein. During the pendency of the instant application in the said case the dispute between the parties were referred to Mediation and Conciliation Centre of District Court, Ghaziabad, where the parties have settled their dispute amicably and a compromise was executed between the parties on 30.08.2018, wherein as per the said agreement the parties had also agreed to get the instant application disposed of in terms of compromise. 4. In terms of the said settlement two cases, lodged by the opposite party no.2 against the applicant under section 138 of the N.I. Act, being Complaint Case No.3499 of 2020 was withdrawn on 26.08.2021 and Complaint Case No.2996 of 2019 was withdrawn on 11.09.2021. 5. Thus in pursuance of the said compromise arrived at between the parties which was duly acted upon by the parties, learned counsel for the applicant seeks quashing of the entire proceedings of the instant case as well. 6. Learned counsel for the opposite party no.2 does not dispute the aforesaid facts and supports the prayer for quashing of the entire proceedings of the instant case as well. 7. Looking at the settlement arrived at between the parties learned AGA for the State also does not oppose the prayer for quashing so made by learned counsel for the applicant, which is duly supported by the learned counsel for the opposite party no.2. 8. Having heard the learned counsel for the parties and perusal of record this Court is of the view that since it was a purely financial dispute between the parties, therefore, by settlement of the said dispute there will be no larger impact in the society rather and no fruitful purpose would be served by keeping the aforesaid criminal proceeding pending against the applicant herein, specially when the parties have agreed before the Mediation and Conciliation Center of District Court, Ghaziabad to get the instant case also disposed of in terms of settlement. 9. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed. 10. The instant application is accordingly allowed and the proceedings of charge sheet of Case No.1817 of 2016, arising out of Case Crime No.0030 of 2016, under sections 406, 420, 506, IPC, Police Station Sihani Gate, District Ghaziabad, pending before the Addition Chief Judicial Magistrate, IIIrd, Ghaziabad are hereby quashed. Order Date :- 21.7.2025 VKG (Anish Kumar Gupta,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad