Allahabad High Court
Raziulla Khan vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 12 February, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:9861
Court No. - 12
Case :- APPLICATION U/S 482 No. - 7516 of 2024
Applicant :- Raziulla Khan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another
Counsel for Applicant :- Abdul Alim Khan,Mohd.Anas Siddiqui
Counsel for Opposite Party :- G.A.,Sachindra Dwivedi
Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record.
2. The present application has been filed by the applicant for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned judgment and order dated 30.07.2024 passed by the learned Chief Judicial Magistrate, Lucknow in Criminal Case No. 88930 of 2022 (State of U.P. Versus Raziulla Khan) arising out of Case Crime No. 217/2021, Under Sections 406 & 420 IPC, Police Station- Hazratganj, District- Lucknow, whereby the learned trial court has rejected the application for discharge filed by the applicant, as contained in Annexure No.13to this application."
3. It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 28.11.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.
4. It also appears that in compliance of order of this Court dated 25.09.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on10.01.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. The mediation report dated 10.01.2025 is annexed as Annexure No.'X' to this application.
5. The relevant portion of the mediation report dated 10.01.2025 is extracted hereinunder:
"6. The following settlement has been arrived at between the Parties hereto:
A) That the parties have agreed that the First Party shall pay a sum of Rs.4,50,000/-(Rupees Four Lakhs Fifty Thousand only) to the Second Party towards one time full and final settlement of all the disputes of the Second Party against the First Party with regard to Criminal Case NO.88930 of 2022 (State Vs. Raziulla Khan) arising out of Case Crime No.217 of 2021 U/Ss 406 and 420 I.P.C P. S.-Hazratganj, Lucknow pending before CJM, Lucknow. Accordingly the First Party has handed over three Demand Drafts to the Second Party today i.e. 10.01.2025 to the Second Party and receipt of the same is acknowledged by the Second Party. The details of the Demand Drafts are mentioned hereunder:
(1) D. D. No.000035 dated 19.11.2024 amounting to Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) drawn on HDFC Bank Branch Jarwal Road.
(II) D. D. No.000756 dated 16.12.2024 amounting to Rs.80,000/-(Rupees Eighty Thousand only) drawn on HDFC Bank, Branch Kaiserganj.
(II) D. D. No.000759 dated 09.01.2025 amounting to Rs. 1,20,000/-(Rupees One Lakh Twenty Thousand only) drawn on HDFC Bank, Branch Kaiserganj.
B) That the Second Party shall not have any objection if the APPLICATION U/s 482 No.7516 of 2024 (Raziulla Khan Vs State of U.P. & Another) is allowed and the proceedings of Criminal Case NO.88930 of 2022 (State Vs. Raziulla Khan) arising out of Case Crime No.217 of 2021 U/Ss 406 and 420 I.P.C P. S.-Hazratganj, Lucknow pending before CJM, Lucknow are quashed by the Hon'ble Court in terms of this Settlement Agreement.
C) That the parties have agreed to withdraw/not pursue/get disposed the cases filed against each other. The details of the cases are mentioned hereunder:
(1) Criminal Case NO.88930 of 2022 (State Vs. Raziulla Khan) arising out of Case Crime No.217 of 2021 U/Ss 406 and 420 1P.C P. S.-Hazratganj, Lucknow pending before CJM, Lucknow
(II) Application U/S 482 No.2824 of 2023 (Raziulla Khan Vs State of U.P. & Another) pending before Allahabad High Court, Lucknow against Case No.32706 of 2022 (Mukesh Sonker Vs. Raziulla Khan) U/S 138 Negotiable Instrument Act, P. S.-Wazirganj pending before Additional Court No. 3, Lucknow
(III) Application U/S 482 No.2914 of 2023 (Raziulla Khan Vs State of U.P. & Another) pending before Allahabad High Court, Lucknow against Case No.32708 of 2022 (Mukesh Sonker Vs. Raziulla Khan) U/S 138 Negotiable Instrument Act, P. S.-Wazirganj pending before Additional Court No.3, Lucknow.
(IV) Case No. 1773 of 2023 (Raziulla Khan Vs. Mukesh Sonker), P. S.-Huzurpur, Bahraich disposed of by the Court of ACJM, Bahraich.
D) The parties have agreed that apart from mentioned case, if any other case(s) civil or criminal is pending or filed in future between the parties or their agents/representatives/successors as regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement.
E) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their present dispute or any matter incidental thereto.
F) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court.
7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No.7516 of 2024 (Raziulla Khan Vs State of U.P. & Another) and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation.
In WITNESS WHEREOF the First Party and Second Party have signed this agreement with free will without any pressure, force and coercion with the help of the mediators."
6. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed,as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No. 217/2021, Under Sections 406 & 420 IPC, Police Station- Hazratganj, District- Lucknow, quoted above, are hereby quashed qua the applicant.
7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 12.2.2025
(Manoj K.)
