Allahabad High Court
Ramesh Chandra Mishra vs State Of U.P. And Another on 9 February, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- CRIMINAL REVISION No. - 1931 of 2017 Revisionist :- Ramesh Chandra Mishra Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Santosh Kukmar Tiwari,Archana Kumari,Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.,Avinash Pandey Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sunil Kumar Tripathi, Advocate, holding brief of Sri Santosh Kumar Tiwari, learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 29.5.2017 as well as the entire proceedings of Complaint Case No. 3517/9 of 2016 (Indo Bio Agro Vs. Ramesh Beej Agency), under Section- 138 N.I. Act, P.S. Shamli, District Shamli, pending in the court of Additional Chief Judicial Magistrate Kairna, District Muzaffar Nagar.
3. Learned counsel for the applicant submits that this court vide order dated 15.6.2017 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 4.10.2017 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the marriage between the parties is said to have dissolved and the parties further agreed to withdraw the cases between them. The said fact has been mentioned in para 6 and 7 of the settlement/agreement dated 4.10.2017. Paragraph 6 and 7 of the said report reads as under:
"6.The following settlement has been arrived at between the Parties hereto:-
a) That Sri Ramesh Chandra Mishra s/o Radhe Shyam Mishra (Revisionist) and M/s Indo Bio Agro Industries, B-5 Industrial Estate, Panipat Road, Shamli District-Shamli through its partner Sri Ravi Goyal s/o late Ram Kumar Goyal (Opposite Party No. 2) have settled their dispute there own without any amount.
b) That Sri Ramesh Chandra Mishra (Revisionist) wants to settle the dispute which was arisen against Pramesh Kumar Tayal, partner of M/s Indo Bio Agro Industries and one employee named Anuj Kumar Bindal under complaint case no. 1228 of 2013 u/s 420 IPC, P.S. Handia, District-Allahabad.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Crl. Revision No. 1931 of 2017 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 4.10.2017 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed, subject to the applicant complying with the terms of settlement agreement noted above.
Order Date :- 9.2.2023 CS/-