Court No. - 70
Case :- APPLICATION U/S 482 No. - 149 of 2017 Applicant :- Shiv Bahadur Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manjesh Kumar Yadav Counsel for Opposite Party :- G.A.,Chandra Shekhar Mishra,Puneet Kumar Pandey
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the summoning order dated 06/08.08.2016 and proceedings of complaint case no. 258 of 2016 (Nilesh Mishra Vs. Shiv Bahadur Yadav) under Section 138 NI Act, Police Station Sarai Inayat, District - Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No.9, Allahabad.
On 25.1.2019, this Court has passed the following order:-
"Heard Sri Manjesh Kumar Yadav, learned counsel for the applicant, Sri Arvind Kumar, learned counsel for the opposite party no.2 and learned A.G.A on behalf of the State.
By order dated 04.01.2017 of this Court, this matter was referred to Mediation Centre on the request made by learned counsel for the applicant.
It is submitted by learned counsel for the opposite party no.2 that on 12.05.2017 interim settlement was made between the parties and after prolonged mediation between the parties, both the parties were agreed to resolve their dispute by way of compromise wherein applicant Shiv Bahadur Yadav was agreed to pay Rs.1,20,000/- to the opposite party no.2 towards full and final settlement in two equal instalments.
It is next submitted that in view of above settlement dated 12.05.2017, first instalment of a sum of Rs.60,000/- was handed over by Shiv Bahadur Yadav (applicant) through demand draft No.200947 dated 19.05.2017 issued by Union Bank of India in the name of opposite party no.2 Nilesh Mishra. It is further submitted that after payment of only amount of Rs.60,000/-, on the next date fixed by the mediation the applicant Shiv Bahadur Yadav did not turn up. On account of only part payment made by the applicant, mediation failed on 21.07.2017.
Today on behalf of the applicant an undertaking has given by his counsel before this Court that on 25.02.2019 the applicant shall positively produce the demand draft of remaining amount of Rs.60,000/- for handing over the same to the opposite party no.2 before this Court.
On the aforesaid request an undertaking given by learned counsel for the applicant before this Court, one more opportunity is granted to the applicant to pay the said amount to the opposite party no.2.
Let the matter be posted on 25.02.2019 in the Additional Cause List."
Pursuant to order dated 25.1.2019, the applicant produced the draft no. 636410 dated 20.02.2019 of Rs. 60,000/- of Union Bank in the name of Nilesh Mishra (opposite party no.2) and the original draft has been handed over to the learned counsel for the opposite party no.2. After accepting the said draft, learned counsel for the opposite party no.2 submitted at the Bar that now opposite party no.2, who is present in the Court, has no objection if impugned criminal proceedings against the applicant is quashed by this Court on giving undertaking by the applicant before this Court that he will not harass the opposite party no.2. Learned counsel for the applicant on the aforesaid submission advanced on behalf of the opposite party no.2, submitted that now acrimonious relations between the parties concerned has come to an end and applicant undertakes before this Court that the he will not create any hindrance in peaceful living of the opposite party no.2, in case the impugned criminal proceedings of complaint case no. 258 of 2016 (Nilesh Mishra Vs. Shiv Bahadur Yadav) under Section 138 NI Act, Police Station Sarai Inayat District Allahabad is quashed.
It is submitted on behalf of the applicant that since the undertaking given on behalf of the applicant on 25.1.2019 before this Court has been complied with and the dispute between the parties has come to an end, as the terms and conditions of settlement made between the parties have been fully satisfied, therefore, the impugned criminal proceedings against the applicants is liable to be quashed.
I agree with the submission advanced on behalf of the applicant in view of law laid down by the Apex Court in case of Nikhil Merchant Vs. Central Bureau of Investigation and others JT 2008 SC 192 and feel that the interest of justice would be served, if such request of the applicant is acceded to and the criminal proceedings and other litigations between the parties concerned is brought to an end.
In view of above, the proceedings of complaint case no. 258 of 2016 (Nilesh Mishra Vs. Shiv Bahadur Yadav) under Section 138 NI Act, Police Station Sarai Inayat, District - Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No.9, Allahabad is hereby quashed.
The application is, accordingly, allowed. Order Date :- 25.2.2019 AK Pandey