Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 60748 (ALL)

VINAY KUMAR GUPTA v. State of UP AND 2 OTHERS

A482/15020/2024 · 2025-05-26

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90231 Court No. - 64 Case :- APPLICATION U/S 482 No. - 15020 of 2024 Applicant :- Vinay Kumar Gupta Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Akhila Nand Pandey,Ramesh Rai Counsel for Opposite Party :- G.A.,Santosh Kumar Chaubey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Akhila Nand Pandey, learned counsel for the applicant, Sri Santosh Kumar Chaubey, learned counsel for the opposite party nos. 2 and 3, Sri Birendra Pratap Singh, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 11.1.2024 passed by Judicial Magistrate, Court No. 2, Varanasi as well as entire proceedings of Complaint Case No. 10899 of 2024, Ankit Kumar vs. M/s. Venkat, under Section 138 N.I. Act, P.S.- Sarnath, District Varanasi. It is further prayed to stay the further proceedings of said case pending in the court of Judicial Magistrate, Court No. 2, Varanasi during pendency of this application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 4.7.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 26.11.2024 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement. 6. As per the office report dated 20.2.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 7. Learned counsel for the applicant submits that the entire money has been received by the opposite party no.2 as per settlement agreement dated 26.11.2024 entered between the parties before the Mediation and Conciliation Centre of this Court, to which learned counsel for the opposite party no. 2 could not dispute the same. He submits that in view of the same, the impugned summoning order and the proceedings of the said case be quashed. 8. From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 26.11.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7(h) of the said mediation report. 9. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 10. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings and the impugned summoning as prayed for by the applicant(s). 11. The present application is allowed. 12. The proceedings of the case as well as the impugned summoning order dated 11.1.2024 are hereby quashed. (Samit Gopal, J.) Order Date :- 27.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad