Allahabad High Court
Narendra Pal @ Narendra Pal Singh ... vs State Of U.P. And Another on 1 August, 2019
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- APPLICATION U/S 482 No. - 8312 of 2018
Applicant :- Narendra Pal @ Narendra Pal Singh And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shiv Sharan Tripathi,Ajay Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Shiv Sharan Tripathi, learned counsel for the applicants, Sri Ashutosh Kumar Pandey, learned counsel for opposite party no. 2, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing order dated 27.7.2015 passed by Chief Judicial Magistrate in Case No. 2046 of 2015 (State vs. Narendra Pal & others) arising out of Case Crime No. 465 of 2014, under Sections 323, 324, 504, 506 IPC, P.S. Tajganj, District- Agra pending in the Court of Additional Chief Judicial Magistrate, Court No.3, Agra.
Learned counsel for the applicant submits that this court vide order dated 16.3.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 28.6.2018 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 paragraph no. 6 of the settlement/agreement dated 28.6.2018 . Paragraph no. 6 of the said report reads as under:
"a. That some dispute arose between the parties and a case was registered u/s 323, 324, 504, 506 IPC, by the Opposite Party No.2 against the applicant which is pending in the court of CJM Court No. 3 Dist. Agra.
b. That Sri Narendra Pal urf Narendra Pal Singh (Applicant No. 1) and Sri Hari Prasad (Opposite party no. 2) have decided to forget all previous disputes and differences and they undertake to resolve the matter.
c. That they have further agreed that in pursuance of the present settlement they will not file any fresh case against each other and wil maintain a cordial relationship between them.
d. That it has also been agreed between the parties that all the cases, either civil or criminal, filed by them against each other will be withdrawn by moving suitable application before the court concerned, within one month of this settlement agreement."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 28.6.2018 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 :- 1.8.2019
Akbar
