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2025 DAILYLAW 66092 (ALL)

ANKIT YADAV v. STATE OF U.P. AND ANOTHER

A482/47648/2023 · 2025-09-03

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 47648 of 2023 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant, Sri Sumit Jaiswal, learned counsel for the opposite party no. 2, Sri Ajay Singh, learned A.G.A.-I 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 non bailable warrant dated 25.8.2023 issued by the Judicial Magistrate, Moth, Jhansi and summoning order dated 20.4.2022 as well as entire proceeding of Complaint Case No. 179 of 2020 (State vs. Ankit Yadav), under Section 138 Negotiable Instrument Act, Police Station Moth, District Jhansi pending in the court of Judicial Magistrate, Moth, Jhansi. It is further prayed to stay the entire criminal proceeding of said complaint case during pendency of this application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 17.1.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 24.11.2024 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement. Versus Counsel for Applicant(s) : Kiran Yadav, Sanjay Kumar Yadav Counsel for Opposite Party(s) : G.A., Sumit Jaiswal Ankit Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. As per the office report dated 26.3.2025 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 applicants argued that it is common ground between the parties that the parties have settled the dispute amicably and therefore prayer as prayed for be allowed and the non bailable warrants, summoning order and the entire proceedings of the case be quashed on the ground of settlement arrived at between the parties before the Mediation and Conciliation Centre of this Court. 8. Learned counsel for the opposite party no. 2 has no objection to the same. 9. Learned A.G.A. also could not dispute the factum of compromise between the parties before the Mediation and Conciliation Centre of this Court. 10. 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 24.11.2020 between the parties subject to the terms and conditions mentioned therein 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(f) of the said mediation report. 11. 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 A482 No. 47648 of 2023 2 quashed. 12. 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 non bailable warrants, summoning order and the entire proceedings as prayed for by the applicant(s). 13. The present application is allowed. 14. The non bailable warrants, summoning order and the entire proceedings proceedings in the said case are hereby quashed. September 4, 2025/Naresh A482 No. 47648 of 2023 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad