Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10660 of 2021 Petitioner :- Sanjai @ Sanjai Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saurabh Sachan,Ashwani Kumar Sachan Counsel for Respondent :- G.A.,Pankaj Srivastava
Hon'ble Vivek Kumar Birla,J. Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the State respondents and Sri Pankaj Srivastava, learned counsel appearing for the respondent no. 3.
This writ petition has been filed praying to quash the impugned First Information Report dated 21.10.2020 registered as Case Crime No. 458 of 2020, under Sections 420, 467, 468, 471 IPC, P.S. Sahaswan, District Badaun.
Vide order dated 25.11.2021 the matter was referred to the mediation centre.
Perused the office report dated 21.12.2021 and the settlement agreement dated 17.12.2021 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 6 of the settlement agreement dated 17.12.2021. The paragraph 6 is quoted as under:-
"6. The following settlement has been arrived at between the parties hereto:-
a) That the parties have already settled their dispute and in lieu thereof the petitioner has paid of Rs. 3,00,000/- (Rupees Three Lakh only) to the respondent no. 3 and the respondent no. 3 has acknowledged the receipt of the same. The respondent no. 3 has produced the statement of the account in which the amount in dispute has been deposited. For kind perusal of the Hon'ble Court the copy of the aforesaid statement is annexed herewith.
b) That the respondent no. 3 has also given in writing to the Inspector In- charge Criminal Branch, District Badaun on 09.11.2021 stating therein that there is no liability upon the petitioner regarding the present dispute and the account of debt is also closed.
c) That it has been agreed between the parties that the all criminal and civil cases filed by them against each other shall be withdrawn / get quashed by them by taking appropriate steps before the Court / Authorities concerned in view of this settlement-agreement.
d) 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 course."
It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 21.10.2020 registered as Case Crime No. 458 of 2020, under Sections 420, 467, 468, 471 IPC, P.S. Sahaswan, District Badaun is liable to be quashed.
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 30.11.2021, the First Information Report dated 21.10.2020 registered as Case Crime No. 458 of 2020, under Sections 420, 467, 468, 471 IPC, P.S. Sahaswan, District Badaun is hereby quashed.
The present petition is, accordingly, allowed.
Order Date :- 23.12.2021 Lalit Shukla