Allahabad High Court
Rajeev Singh @ Rajeev Singh ... vs State Of U.P. And Another on 3 August, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:156059
Court No. - 87
Case :- APPLICATION U/S 482 No. - 24684 of 2022
Applicant :- Rajeev Singh @ Rajeev Singh Chauhan
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Vijay Prakash Singh Kushwaha
Counsel for Opposite Party :- G.A.,Mayank Maurya,Mool Chandra Maurya
Hon'ble Neeraj Tiwari,J.
1. Joint affidavit filed by learned counsel for the parties are taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Mool Chandra Maurya, learned counsel for the opposite party No. 2.
3. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 22.12.2015, impugned order dated 24.04.2018 as well as entire proceedings of Criminal Complaint Case No. 2228 of 2015, under Section- 138 N.I. Act, Police Station- Kotwali, District- Etah, pending in the court of learned Chief Judicial Magistrate, Etah.
4. The case was heard on 01.09.2022 and the Court has passed the following order:-
"Heard Mr. V.P. Singh Kushwaha, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned AGA for the State.
Learned counsel for the applicant submits that the dispute is with respect to money transaction of Rs. 4,50,000/-. There are fair chances of mediation between the parties as the applicant is ready and willing to pay the said money.
In view of the above, the applicant is directed to produce a Demand Draft of Rs.4,50,000/- in favour of opposite party no.2 on the next date fixed, i.e. 21.09.2022, for showing his bona fide.
Put up this case on 21.09.2022 at 10:00 a.m. as fresh."
5. Learned counsel for the applicant submitted that pursuant to order dated 01.09.2022, amount of Rs. 4,50,000/- was received by the opposite party No. 2 and this fact has also been recorded in order sheet dated 25.11.2022. He next submitted that now the dispute between the parties has been settled, therefore, criminal proceeding against the applicant may be quashed.
6. Learned counsel for the opposite party No. 2 has filed joint affidavit, in which he has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.
7. In view of the facts and circumstances of the case, the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
9. The present application is, accordingly allowed.
10. No order as to costs.
Order Date :- 3.8.2023
ADY
