Neutral Citation No. - 2025:AHC:33852 Court No. - 77 Case :- APPLICATION U/S 482 No. - 23198 of 2024 Applicant :- Rakesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyam Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vivek Kumar Sharma, Advocate, holding brief of Sri Satyam Singh, learned counsel for the applicant and Sri P.P. Tiwari, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 08.05.2024 passed by learned Additional Chief Judicial Magistrate, Court No. 7, Varanasi, arising out of Complaint Case No. 36207 of 2024 (Jainath Mishra Vs. Rakesh Singh) under section 138 of Negotiable Instruments Act, Police Station- Shivpur, District- Varanasi, pending before the court of Additional Chief Judicial Magistrate, Court No. 7, Varanasi. 3. Facts giving rise to the present controversy is that opposite party no.2 has filed complaint under section 138 of Negotiable Instruments Act against the applicant which is under challenge in the present case. This Court vide order dated 27.08.2024 referred this matter to Mediation Centre of Allahabad High Court. In pursuance of the order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings and settled their dispute. As per the mediation report, a settlement agreement was also entered into between the parties on 08.01.2025. Paragraph no. 7 of the settlement agreement dated 08.01.2025 is being quoted as under: "7) The following settlement has been arrived at between the Parties hereto:- (a) That the parties have settled their dispute on the condition that the applicant-Rakesh Kumar Singh shall pay an amount of Rs.2,00,000/- (Rupees Two Lakh only) to the O.P. No. 2 Jainath Mishra. (b) That the parties state that the applicant- Rakesh Kumar Singh has already paid the disputed amount i.e., Rs.2,00,000/- (Rs. Two Lakh) to the O.P. No. 2-Jainath Mishra and the O.P. No. 2 acknowledges the receipt of the same and after payment of such amount there exist no further claims and liabilities against each other. (c) That in compliance of the Hon'ble High Court's order dated 27.08.2024, the applicant Rakesh Kumar Singh has deposited a sum of Rs.2,05,000/- (Rs. Two Lakh Five Thousand only) before the mediation centre out of which Rs.30,000/-(Rs. Thirty Thousand only) was required to be paid to O.P. No. 2- Jainath Mishra on his first appearance and Rs.5,000/- (Rs. Five Thousand) to be retained by the Mediation Centre towards expenses. The remaining amount of Rs. 1,70,000/- (Rs. One Lakh Seventy Thousand) was required to be paid to the O.P. No. 2 on final settlement of dispute. (d) That, however, since the amount in dispute has already been paid by the applicant to the O.P. No. 2 and further no claims and liabilities against each other exist. The O.P. No. 2 has no objection if the amount of Rs. 1,70,000/-(Rs. One Lakh Seventy Thousand only) is returned to the applicant. (e) That in view of the above, if the Hon'ble Court pleases to allow the present Application U/S 482 No. 23198 of 2024, the O.P. No. 2 shall have no objection in any manner whatsoever. (f) That it has also been agreed between the parties that after fulfilling the conditions mentioned above, all the cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. (g) That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also. (h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse." 4. Learned counsel for the applicant submitted that in view of clause 7(d) of settlement agreement dated 08.01.2025, the applicant is entitled to receive Rs.1,70,000/- which is lying before the Mediation Centre. It is further submitted that the parties have settled their dispute and the proceedings may be quashed. 5. In view of the above, Mediation Centre, High Court, Allahabad is directed to release the amount of Rs.1,70,000/- in favour of the applicant within a period of two weeks in pursuance of clause 7(d) of settlement agreement dated 08.01.2025. 6. Considering the fact that parties have settled their dispute amicably and a settlement agreement was also entered into between them on 08.01.2025 before the Mediation Centre, High Court, Allahabad, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 08.01.2025, the proceeding of the aforesaid case is hereby quashed. 8. The present petition is, accordingly, allowed. Order Date :- 7.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad