MAHANT DHARMENDRA GIRI GOSWAMI @ DHARMENDRA GIRI v. State of UP AND 3 OTHERS
CRLP/13099/2024 · 2025-03-10
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81579 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35962-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 13099 of 2024 Petitioner :- Mahant Dharmendra Giri Goswami @ Dharmendra Giri Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Tiwari Abhishek Rajesh Counsel for Respondent :- G.A.,Ravi Shanker Pathak Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State respondents and Sri Ravi Shanker Pathak, learned counsel for the informant.
2. Present matter was taken up on 31.7.2024 and on the said date, following interim order was accorded in favour of the petitioners:-
"Heard learned counsel for the petitioner, learned A.G.A. for the State, and Sri Ravi Shanker Pathak, learned counsel for the informant respondent no.4. This writ petition has been filed with the prayer to quash the First Information Report, registered as Case Crime No.319 of 2024, under Sections 420, 467, 468, 469 IPC, Police Station Jait, District Mathura, on the ground that only after proceedings under Section 138 of the Negotiable Instrument Act have been initiated against the informant that the impugned FIR has been lodged to compel the petitioner to withdraw such proceedings. Having heard respective counsels for the parties, we find that there is a monetary dispute with respect to allotment of a residential house and possibility of amicable resolution of dispute by way of mediation exists.
Learned counsel for the parties do not dispute the position. In that view of the matter, it would be appropriate to refer the matter to Mediation Centre of Court, so that the parties may sit together and explore the possibility of amicable resolution of dispute. The petitioner shall deposit a sum of Rs.10,000/- towards the expenses of mediation within a week from today. Since both the parties are present before the Court, no separate orders are required to issue notices in the matter. The parties shall appear before the Mediation Centre of this Court on 24.8.2024 and all endeavours would be made to resolve the dispute by way of mediation. List thereafter, alongwith report of Mediation Centre with regard to outcome of the mediation proceedings. Till a report in that regard is received from the Mediation Centre, no coercive action shall be taken against the petitioner pursuant to the aforesaid impugned FIR."
3. Learned counsel for the petitioners submits that in response of the aforesaid order, the parties have appeared before the Allahabad High Court Mediation and Conciliation Centre and eventually, the settlement agreement took place on 01.03.2025 between petitioner and respondent no.4. The settlement agreement is appended alongwith the report of the Incharge, Mediation Centre.
4. It is submitted that the dispute has come to be amicably resolved under the settlement agreement dated 01.03.2025, duly verified by the parties and their counsels before the Mediation Centre, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the judgement of the Apex Court in the case of Gian Singh v. State of Punjab, 2012(10) SCC 303.
5. Sri Ravi Shanker Pathak, learned counsel for the informant has no objection, in case the impugned FIR is quashed.
6. Accordingly, the writ petition is allowed and the proceedings of Case Crime No.319 of 2024, under Sections 420, 467, 468, 469 IPC, Police Station Jait, District Mathura are quashed.
Order Date :- 11.3.2025 RKP (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad