Allahabad High Court
Davendra Kumar Tiwari And Another vs State Ofup And Another on 17 October, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- APPLICATION U/S 482 No. - 19488 of 2020
Applicant :- Davendra Kumar Tiwari And Another
Opposite Party :- State Of UP And Another
Counsel for Applicant :- Ashutosh Kumar Mishra
Counsel for Opposite Party :- G.A.,Subhash Chand,Vikram Shah Sisodia
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Shri Ashutosh Kumar Mishra, learned counsel for the applicants, Shri Subhash Chand, learned counsel for opposite party no. 2 and Shri Partitosh Malviya, learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. has been seeking quashing the cognizance order dated 13.10.2020 passed by Judicial Magistrate, Khair Aligarh as well as Charge-Sheet dated 31.07.2020 in Case No. 473 of 2020 (Case Crime No. 74 of 2020), under Sections 420, 406, 504, 506 I.P.C., P.S. Khair, District Aligarh.
3. This Court has passed the following orders on 07.09.2022:-
"Learned counsel for applicants on instructions submits that the applicants are ready to pay Rs.13,00,000/- to the opposite party No.2 and thereafter this matter can be settled and he however, submits that this Court may please to fix in two installments i.e. Rs.7,00,000/- and Rs.6,00,000/- by way of bank draft within a period of one month.
List on 12.10.2022.
On the next date of listing the applicants shall remain present before this Court carrying with Rs.7,00,000/- and opposite party No.2 may also present before this Court on that day.
Interim order, if any, shall remain in currency till the next date of hearing. However, in-default the interim order will be vacated"
4. Thereafter this Court passed following orders on 12.10.2022:-
"The applicant has made a bonefide attempt to settle the issue and in pursuance of the earlier order dated 7.9.2022 passed by this Court has submitted two drafts of Rs. 7 lacs and 6 lacs each in favour of the opposite party no. 2, Manju Rani wife of Surendra Singh who is also present in the Court, which is taken on record and She made a request that she will settle entire case and this court can quash the entire criminal proceeding if the applicants pay Rs.1 lakh more, to which applicant Devendra Kumar Tiwari and Rishi Kumar have accepted.
It is made clear that sine parties have made solemn undertaking before this Court it shall be binding on them.
Let the matter be listed on 17.10.2022 on which date parties shall appear in person.
In the meantime, further proceeding pursuant to Case No.473 of 2020 (Case Crime No.74 of 2020) under Section 420, 406, 504, 506 IPC, PS Khair, District Aligarh shall remain stayed."
5. In furtherance of the aforesaid order, today applicants Devendra Kumar Tiwari and Rishi Kumar are present before this Court and they are carrying a draft of Rs. 1 lakh and thus it makes total of Rs. 14 lakhs in favour of Manju Rani, opposite party no. 2, who is also present. All the drafts are being handed over to opposite party no. 2 in the presence of the parties and their respective counsel Shri Ashutosh Kumar Mishra and Shri Subhash Chand, after keeping a photostat copy on the record with the signatures that they have mutually settled the issues and the criminal proceedings can be quashed. The photostat copy of the drafts is part of this order. The details of the drafts are as follows:-
"(1) Demand Draft No. 896046, dated 03.10.2022, amount of Rs. 6,00,000.00 (Rs. Six Lacs only)
(2) Demand Draft No. 896047, dated 03.10.2022, amount of Rs. 7,00,000.00 (Rs. Seven Lacs only)
(3) Demand Draft No. 074419, dated 13.10.2022, amount of Rs. 1,00,000.00 (Rs. One Lac only)"
6. In view of the fact that both the parties have settled their issues and payment has been made, therefore, all the grievances of the opposite party no. 2 have now been settled and in the light of the judgment of the Supreme Court in the case of State of Madhya Pradesh versus Laxmi Narayan and others; (2019)5 SCC 688, the entire criminal proceedings of Case No. 473 of 2020 (Case Crime No. 74 of 2020), under Sections 420, 406, 504, 506 I.P.C., P.S. Khair, District Aligarh, are hereby quashed. The application is allowed.
7. It is directed that any proceeding arising out of this issue will be taken back by the complainant and the I.O. shall take note of the fact that the entire proceedings have been quashed.
8. Copy of this order be sent to the Court concerned forthwith.
Order Date :- 17.10.2022
Shafique
