Neutral Citation No. - 2025:AHC:139372 Court No. - 74 Case :- APPLICATION U/S 482 No. - 20496 of 2024 Applicant :- Tridev Kumar Vadhera Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- Ardhendu Shekhar Sharma,G.A.,Ram Babu Sharma Hon'ble Sanjay Kumar Pachori,J. 1. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 1287 of 2022 arising out of Case Crime No. 210 of 2021, under Section 420, 406, 506 of Indian Penal Code, Police Station- Iglas, District -Aligarh as well as cognizance/summoning order dated 28.06.2022 pending in the Court of learned Judicial Magistrate, Iglas, Aligarh. 2. Brief facts of the case are that the first information report dated 23.04.2021 has been lodged by opposite party no. 2 under Sections 406 and 504 IPC against the applicant. It is alleged that the informant, while searching for work-from-home jobs on Google, came across an advertisement of Sunita Network Pvt. Ltd. and contacted one Krishna on the given number. Krishna represented that the company was offering a Civil Management Data Entry Project with a salary of 1,80,000/-, ₹1,80,000/-, subject to an initial payment of 65,000/-. After negotiation, the ₹1,80,000/-, informant agreed to pay 55,000/-, of which 49,000/- was transferred ₹1,80,000/-, ₹1,80,000/-, online and 5,000/- paid in cash. Subsequently, upon reading adverse ₹1,80,000/-, reviews about the company, the informant demanded a refund, but Krishna allegedly abused him and refused to return the money. Treating himself a victim of cyber fraud, the informant lodged the present FIR. 3. Learned counsel for the applicants submits that there is no pre- summoning evidence to constitute the essential ingredients of the offence as alleged against the applicants. 4. Learned counsel for both the parties jointly submits that parties settled their dispute arising out of the offences punishable under Sections 420, 406, 506 I.P.C. by way of mediation in pursuance of the earlier order dated 08.08.2024 passed by co-ordinate Bench of this Court and the report of mediation indicates that the applicant had transferred the embezzled amount of Rs. 50,000/- in the account of opposite party No.2. There is no other dispute pending between the parties. It is further submitted that the allegations are related to purely civil dispute. 5. Heard Sri Harish Chandra, learned counsel for the applicant, Sri Ardhendu Shekhar Sharma, learned counsel for opposite party No. 2 and Sri P.K. Srivastava, learned A.G.A. for the State are present. 6. Keeping in mind position of law laid down by the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303; Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 and Parbathbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur & Others v. State of Gujarat & another, (2017) 9 SCC 641 and facts, circumstances of the case and keeping in mind the settlement between the parties before the Mediation And Conciliation Center, the present application under Section 528 of the B.N.S.S. is allowed. 7. The entire proceedings of entire proceedings of Criminal Case No. 1287 of 2022 arising out of Case Crime No. 210 of 2021, under Section 420, 406, 506 of Indian Penal Code, Police Station- Iglas, District - Aligarh as well as cognizance/summoning order dated 28.06.2022 pending in the Court of learned Judicial Magistrate, Iglas, Aligarh, is hereby quashed. 2 of 3 8. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 9. The parties may file the certified copy of this order before the court concerned within four weeks from today. 10. Interim order, if any, stands vacated. Order Date :- 14.8.2025 Karan 3 of 3 Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad