Court No. - 49
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 145 of 2021 Applicant :- Yogeshwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheshadri Trivedi Counsel for Opposite Party :- G.A.
with Case :- TRANSFER APPLICATION (CRIMINAL) No. - 203 of 2020 Applicant :- Varsha Gupta @ Chanchal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjai Kumar Rai,Girdhar Prasad Tripathi Counsel for Opposite Party :- G.A.,Sheshadri Trivedi
Hon'ble Vivek Agarwal,J.
1. Heard Sri Sheshadri Trivedi, learned counsel for the applicant and Sri Ashwani Kumar Rai, learned counsel for the respondent no.2.
2. Vide order dated 21.06.2021, a co-ordinate Bench of this Court directed for analogous hearing of this Transfer Application along with Transfer Application (Criminal) No.203 of 2020 as fresh.
3. Sri Trivedi, counsel for the applicant after arguing at length submits that the only reason for seeking transfer of the proceedings from Fatehpur to Ambedkar Nagar is that they want to expedite the proceedings, inasmuch as, applicant is an outdoor patient of liver Cirrhosis at SGPGI Lucknow. He submits that respondent no.2 is a practicing lawyer and applicant-Yogeshwar has an apprehension that mediator may have some strange soft corner for the respondent no.2. However, he submits that he will be happy and will not press for his transfer application if a direction is given to the mediator to conclude the mediation proceedings within a reasonable time and also a direction to the court concerned i.e. Civil Judge, Junior Division/F.T.C./C.A.W., Fatehpur to decide the matter expeditiously.
4. Sri Trivedi, counsel for the applicant further submits that before the mediator on 17.02.2021, it was agreed that present applicant-Yogeshwar shall pay a sum of Rs.5,50,000/-(five lakhs and fifty thousand) in favour of respondent no.2 for settlement of all the pending cases and future litigation as one time settlement, which will also facilitate mutual divorce and quashing of all criminal cases registered against each other.
5. Sri Trivedi, counsel for the applicant again reiterates that he is willing to pay this said amount of Rs.5,50,000/-(five lakhs and fifty thousand) through an account payee demand draft drawn in favour of respondent no.2 before the concerned court of Civil Judge, Junior Division/F.T.C./C.A.W., Fatehpur with a view to terminate all the proceedings.
6. Sri Ashwani Kumar Rai, learned counsel for the respondent no.2 agrees to this proposition that in case, a sum of Rs.5,50,000/-(five lakhs and fifty thousand) is paid in favour of his client and respondent no.2, then he has instructions to say that respondent no.2 is willing to settle all the disputes and withdraw criminal cases against each other either by way of compounding or if the need being by filing a joint application for quashing in the High Court.
7. In view of such facts, nothing survives to be adjudicated in Transfer Application (Criminal) No.145 of 2021.
8. However, as parties have agreed to mutually settle the dispute in terms of the mediation report dated 17.02.2021, Transfer Application (Criminal) No.203 of 2020 is allowed. Criminal Case No.1744 of 2021 (State Vs. Varsha) arising out of Charge-sheet dated 27.11.2019 in Case Crime No.456 of 2019, under Sections 452, 323, 504, 506 IPC, Police Station- Akbarpur, District-Ambedkar Nagar pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar is transferred from Ambedkar Nagar to Fatehpur for analogous hearing.
9. It is directed that parties shall appear before the court of Civil Judge, Junior Division/F.T.C./C.A.W., Fatehpur on 26.08.2021, when applicant-Yogeshwar shall hand over a demand draft as aforesaid drawn in favour of respondent no.2 before the concerned court. Once, demand draft is received by the Court, then it shall not be disbursed and parties agree to move thereafter an application for compounding under Section 320 Cr.P.C. before the same court.
10. The Court concerned is directed to decide the said application and pass appropriate order either on the same day or by next working day and, thereafter shall hand over the demand draft in favour of respondent no.2.
10. In above terms, Applications are disposed off.
Order Date :- 27.7.2021 Ashutosh Digitally signed by Justice Vivek Agarwal Date: 2021.07.29 11:15:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad