Court No. - 72
Case :- APPLICATION U/S 482 No. - 43539 of 2018 Applicant :- Sanjeev Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.,Abhinab Mishra
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash order dated 25.2.2017 passed by Special Judge, Prevention of Corruption Act, Court No.2, Bareilly in Criminal Revision No. 449 of 2016 and summoning order dated 6.12.2012 passed in Criminal Case No. 1139 of 2012 arising out of crime No. 518 of 2012 State Vs. Sanjeev Sharma), under Sections-420, 406, 506 I.P.C., Police Station Fatehganj Purvi , District Bareilly pending in the Court of Judicial Magistrate-1, Court no.1, Bareilly.
Learned counsel for the applicant submits that this court vide order dated 3.12.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 24.7.2019 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The said fact has been mentioned in para 06 of the settlement/agreement dated 24.7.2019. Paragraph 06 of the said report reads as under:
"a) That Sri Mohamad Rashid authorized attorney of Sri Sanjeev Sharma (Applicant) is present and on the other hand Sri Mahesh Gupta (O.P. No.2) is also present.
b) That Sri Mohammad Rashid has prduced a Power of Attorney, in which he has been nominated by Sri Sanjeev Sharma (Applicant) as his attorney. That Sri Mahesh Gupta (O. P. NO.2) has not objection on the Power of Attorney. The aforesaid Power of Attorney is being part of this settlement agreement.
c) there were certain disputes and differences between the parties, which led to filing of Criminal Case No. 1139 of 2018 arising out of Case Crime No. 518 of 2012 State Vs. Sanjeev Sharma), under Sections-420, 406, 506 I.P.C., Police Station Fatehganj Purvi , District Bareilly pending in the Court of Judicial Magistrate-I.
d) That now parties have decided to settle their dispute on the condition that Sri Sanjeev Sharma (Applicant) shall an amount of Rs. 5,00,000/- (Rs. Five Lakh only) to Sri Mahesh Gupta (O. P. NO.2.
e) That today i.e. 24.7.2019, Sri Mohamad Rashid authorized attorney of Sri Sanjeev Sharma (Applicant) has produced two demand drafts for a total value of Rs. 5,00,000/- (Rs. Five Lakh only). The details of the aforesaid demand drafts are under:
Sl. No. DD Particulars Bank Name Drawn in Favour of Amount 1. 005804 23.7.2019 Bank Of Baroda Mahesh Chand Gupta Rs. 2,50,000/- 2.005805 23.7.2019 Bank Of Baroda Mahesh Chand Gupta Rs. 2,50,000/-
Both of the above-mentioned demand draft for a total value of of Rs. 5,00,000/- (Rs. Five Lakh only) have been handed to Sri Mahesh Gupta (O.P. NO.2) today and he has also acknowledged the receipt of the same.
f) That the parties have stated that they do not want to initiate any further litigation with regard to this dispute.
g) In view of the present Final settlement, parties agrees that they will not claim any further rights or liabilities in respect of the present dispute.
h) That it has been agreed between the parties that ll the cases whether criminal and civil filed by them against each other shall withdrawn by them by taking appropriate steps before the court/Authorities concerned at the earliest."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 24.7.2019 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
The present application is allowed, subject to the applicant complying with the terms of settlement agreement noted above.
Order Date :- 30.9.2019 Akbar