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Neutral Citation No. - 2025:AHC:26047 Court No. - 78 Case :- APPLICATION U/S 482 No. - 45057 of 2023 Applicant :- Ratan Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.,Krishna Kant Yadav Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Zafeer Ahmad, learned counsel for the applicant and Sri V.D. Ojha, learned counsel for the State and perused the records. 3. Sri Krishna Kant Yadav, learned counsel for the opposite party no.2 is not present even when the matter has been taken up in the revised list. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant Ratan Lal with the prayer to quash the order dated 17.12.2021 passed by the learned Additional Civil Judge (J.D.), Court No.3, Rampur and also order dated 18.08.2023 as well as entire proceeding of Case No. 3452/2020 Reg. No. 10725/2020 (Sanjay Singh Vs. Ratan Lal), under Section 138 N.I. Act, P.S. Civil Lines, District Rampur and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 15.04.2024 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 01.10.2024 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of said settlement agreement. 7. As per the office report dated 07.02.2025, a report from the Mediation Centre of this Court is on record. 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 01.10.2024 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(e) of the said mediation report. 9. Learned counsel for the State has no objection to the said proposition. 10. 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. 11. 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 as prayed for by the applicant(s). 12. The present application is allowed. 13. The order dated 17.12.2021 and order dated 18.08.2023 passed in the aforesaid case as well as entire proceeding are hereby quashed. Order Date :- 24.2.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad