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Neutral Citation No. - 2025:AHC:84795 Court No. - 73 Case :- APPLICATION U/S 482 No. - 25068 of 2024 Applicant :- Vikas Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Ranjan Pandey,Pankaj Kumar Singh Counsel for Opposite Party :- Anil Kumar Ojha,G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard. 3.This is an application U/s 482 Cr.P.C. filed for quashing the entire proceedings against the applicant arising out of complaint case no. 1136 of 2023 (Old No. 3226 of 2022) (Rekha Gupta vs. Vikas Ranjan) under Section 138 of N.I. Act, P.S. Vijay Nagar, District Ghaziabad pending in the court of Special Court U/s 138 of N.I. Act as well as the impugned summoning order dated 24.01.2023 passed by ACJM, court no.2, Ghaziabad.
4. This Court on 05.11.2024 proceeded to pass the following order:
"1. Heard Sri Pankaj Kumar Singh, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.1136 of 2023 (Old No.3226 of 2022), Rekha Gupta Vs. Vikas Ranjan, under Section-138 of Negotiable Instruments Act, 1881 as well as to quash impugned summoning order dated 24.01.2023, Police Station-Vijay Nagar, District-Ghaziabad, pending in the court of Special Court 138 of Negotiable Instruments Act, 1881.
3. Contention of learned counsel for the applicant is that applicant is ready to settle the dispute with opposite party no.2, therefore, the matter may be referred to the Mediation Centre, High Court, Allahabad. It is further submitted that applicant is ready to deposit the reasonable amount as may be
directed by this court to show his bona fide. 4. Considering the aforesaid request, the matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs.1,00,000/- within 10 days from today with the Mediation Centre, out of which Rs.95,000/- shall be paid to the opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the
mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses. 5. Issue notice to opposite party no.2. 6. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of one month. 7. List in the week commencing 16.12.2024. 8. It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicant in the aforesaid case, till the next date of listing. 9. It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicant."
5. There is a report dated 20.05.2025 which shows that the Allahabad High Court Mediation Centre shows that the mediation report is available on record whereby the settlement agreement has been entered into between the parties on 27.03.2025 which reads as under:
"6. The following settlement has been arrived at between the Parties hereto: a) That both the parties are ready to settle their dispute on the condition that the Applicant-Vikas Kumar shall pay an amount of Rs.2,00,000/- (Rupees Two Lakh only) to the O.P. No.2-Rekha Gupta by way of demand draft. b) That today i.e. 27.03.2025, the applicant has handed over a Banker's Cheque of full and final amount of Rs.2,00,000/- (Rupees Two Lakh only) bearing
D.D.
no. 000978 dated 17.03.2025 drawn on Bandhan Bank in favour of Rekha Gupta, to the O.P. No: 2 and she has acknowledged the receipt of the same.
c) That it has also been agreed between the parties that all civil and criminal 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. d) 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."
6. Learned counsel for the parties submits that once the matter has been settled between the parties through mediation before Allahabad High Court, Mediation Centre and now nothing remains
to be further adjudicated. 7. Considering the submission of the parties and stand taken by them, the application stands allowed. 9. The proceedings of complaint case no. 1136 of 2023 (Old No. 3226 of 2022) (Rekha Gupta vs. Vikas Ranjan) under Section 138 of N.I. Act, P.S. Vijay Nagar, District Ghaziabad pending in the court of Special Court U/s 138 of N.I. Act as well as the impugned summoning order dated 24.01.2023 passed by ACJM, court no.2, Ghaziabad against the applicant are hereby quashed.
Order Date :- 20.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad