KAUSHIK SARKAR AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/14850/2024 · 2025-05-07
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88914 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88914 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74651-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 14850 of 2024 Petitioner :- Kaushik Sarkar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rohan Gupta Counsel for Respondent :- Akshay Kumar Shukla,G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard Sri Rohan Gupta, learned counsel for the petitioners, Sri Amit Sinha, learned A.G.A. for the State-respondents. Sri Akshay Kumar Shukla, Advocate has put in appearance on behalf of respondent no.4. 2. By means of the present writ petition the petitioners is praying to quash the impugned First Information Report dated 30.07.2024, registered as Case Crime No. 366 of 2024, under Sections 352, 351(2), 318(4) BNS, P.S. Dhoomanganj,District Prayagraj. 3. On account of certain financial dealings, an FIR was lodged, which had been registered as Case Crime No. 366 of 2024, under Sections 352, 351(2), 318(4) BNS, P.S. Dhoomanganj,District Prayagraj. Seeking quashing of the said FIR, the instant writ petition was filed. This Court vide order dated 24.09.2024 had referred the matter to the Mediation & Conciliation Centre of the Allahabad High Court, wherein on 16.11.2024 settlement/ agreement was entered into between the petitioners and respondent no.4. The settlement/agreement was entered as is contained in paragraph no.7 of the settlement/agreement dated 16.11.2024, wherein, it has been stated that all cases civil & criminal filed by the parties against each other would be withdrawn by the parties. The paragraph no.7 of the settlement/agreement dated 16.11.2024 of the Mediation & Conciliation Centre, High Court Allahabad is reproduced hereunder:-
"7) In view of the Interim Settlement dated 19.10.2024, the following settlement has been arrived at between the parties hereto a) That the parties have amicably settled their dispute on the condition that the Petitioner No.2 would pay an amount of Rs.8,00,000/- (Rupees Eight lakh only) to the Respondent No.4 by way demand draft. b) That today i.e. 16.11.2024, the Petitioner No.2 has handed over a demand draft, bearing 203478 dated 12.11.2024 of Rs.8,00,000/- drawn on State Bank of India, issued in favour of Smt. Chhabi Sen, to the Respondent No.4 and Respondent No.4 has acknowledged the receipt of the same. c) That both the parties undertake that they do not want to litigate further as all the disputes and differences have been resolved between them.
d) That it has been agreed between the parties that the Respondent No.4 shall have no objection in any manner whatsoever, if the Hon'ble Court pleases to allow the present Criminal Misc. Writ Petition No. 14850 of 2024. e) That it has also been agreed between the parties all the cases of civil or criminal nature, if any, pending against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the concerned Authorities in view of this settlement-agreement. That both the parties have finally agreed that in pursuance to the present final settlement they will not file any fresh cases against each other in respect of the present dispute in future also. g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement. h) That this settlement has been read over and explained to the parties in Hindi in presence of their respective counsels and thereafter they have signed this settlement."
4. In view of the above, the writ petition is allowed. Consequently, impugned First Information Report dated 30.07.2024, registered as Case Crime No. 366 of 2024, under Sections 352, 351(2), 318(4) BNS, P.S. Dhoomanganj,District Prayagraj, is hereby quashed. Order Date :- 8.5.2025 Prajapati (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad