Allahabad High Court
Rajiv Kumar Agarwal vs State Of U.P. Thru. Addl. Chief Secy. ... on 12 May, 2025
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:27970
Court No. - 12
Case :- APPLICATION U/S 482 No. - 249 of 2025
Applicant :- Rajiv Kumar Agarwal
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another
Counsel for Applicant :- Satendra Kumar (Singh),Abhishek Misra
Counsel for Opposite Party :- G.A.,Amit Kumar Singh,Mohit Kumar Yadav
Hon'ble Alok Mathur,J.
1. Heard Sri Shivam, Advocate holding brief of Sri Satendra Kumar Singh, learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and Sri Amit Kumar Singh, learned counsel appearing for opposite party no. 2.
2. By means of present application u/s 482 Cr.P.C., the applicant has prayed for quashing the entire proceedings of Case No. 65839 of 2023 - Vikas Dwivedi Vs. Rajiv Kumar Agarwal, pending before the Additional Court, Room No. 5, Lucknow under Section 138 of Negotiable Instruments Act. It is further prayed, that since the parties have entered into settlement agreement the proceedings of aforesaid case may be quashed in the light of settlement agreement dated 02.05.2025. The settlement agreement is available on record.
3. It has been contended by learned counsel for the revisionist that this Court by means of order dated 13.01.2025, directed the parties to appear before Mediation and Conciliation Center of this Court on 11.02.2025 for participating in the mediation process. In compliance of aforesaid order, the parties appeared before the Mediation Center on the date fixed and after certain deliberations and discussion the parties arrived at settlement agreement and a report dated 02.05.2025, of the Mediation and Conciliation Center High Court Lucknow Bench, Lucknow to this effect has been submitted for perusal of this Court. Therefore, the entire proceedings of the aforesaid case may be quashed in view of the settlement agreement dated 02.05.2025.
4. Learned counsel for the applicant in support of his contention has placed reliance on the judgment of Hon'ble Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC 1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand, (2014) 9 SCC 653 and has submitted that the applicant as well as opposite party no. 2 have settled the dispute and as such opposite party no. 2 does not want to litigate any further against the applicant.
5. Learned counsel appearing for opposite party no. 2 has no objection in case the proceedings of the aforesaid case are quashed in the light of the settlement agreement dated 02.05.2025.
6. Heard learned counsel for the parties and perused the record.
7. From the perusal of the record it is apparent that the parties have entered into settlement agreement and have settled their dispute amicably.
8. In this regard, the view taken by the Apex Court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) and Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the revisionist finds force that this Court in exercise of its inherent power under Section 482 Cr.P.C. can set aside the impugned order, as the dispute has been amicably settled between the parties. The terms of settlement agreement dated 02.05.2025, are reproduced hereinbelow :-
"6. The following settlement has been arrived at between the Parties hereto :-
A. That the First Party has agreed to pay and the Second Party has agreed to receive a total sum of Rs.6,00,000/- (Rupees Six Lakhs only) towards one time full and final settlement of all the claims/disputes of the Second Party against the First Party.
B. That in compliance of Hon'ble Court's order dated 13.01.2025, passed in APPLICATION U/s 482 No. 249 of 2025 (Rajiv Kumar Agarwal & Others Vs. State of U.P. and Another), the First Party has deposited a sum of Rs.30,000/- (Rupees Thirty Thousand only) before the Mediation and Conciliation Center, Lucknow vide Demand Draft No. 006108 which is to be released in favour of Second Party and to which the First Party has no objection. The Second Party has agreed for adjustment of said amount of Rs.30,000/- (Rupees Thirty Thousand only) towards the aforementioned one time full and final settlement amount of Rs.6,00,000/- (Rupees Six Lakhs only).
C. That the First Party has handed over a Demand Draft No. 006181 dated 23.04.2025 amounting to Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) drawn on AXIS BANK in favour of Vikas Dwivedi in addition to a sum of Rs.20,000/- (Rupees Twenty Thousand only) paid in cash to the Second Party No. (i) today i.e. 02.05.2025 towards the aforementioned one time full and final settlement amount of Rs.6,00,000/- (Rupees Six Lakhs only). The Second Party acknowledges receipt of the said Demand Draft and a sum of Rs.20,000/- (Rupees Twenty Thousand only) in cash.
D. That the First Party has handed over a Post Dated Cheque No. 072344 dated 23.10.2025 drawn on AXIS BANK in favour of Kirti Dwivedi amounting to Rs.3,00,000/- Rupees Three Lakhs only) to the Second Party No. (ii) today i.e. 02.05.2025 towards balance payment of aforementioned one time ful and final settlement amount of Rs.6,00,000/- (Rupees Six Lakhs only). The Second Party No. (ii) acknowledges receipt of the said Post Dated Cheque.
E. That the Second Party No. (i) Vikas Dwivedi has agreed not to pursue the case bearing Complaint Case No. 65839 of 2023 U/S N.I. Act (Vikas Dwivedi Vs. Rajiv Kumar Agarwal) pending before learned Additional Court, Room No. 5, Lucknow. The Second Party No. (i) Vikas Dwivedi has also agreed that he would not be having any objection if the APPLICATION U/s 482 No. 249 of 2025 (RAjiv Kumar Agarwal Vs. State of U.P. and Another) is decided by the Hon'ble Court in terms of this settlement agreement.
F. That the Second Party No. (ii) Kirti Dwivedi has agreed to withdraw/ not to pursue Complaint Case No. 85719 of 2023 (Kirti Dwivedi Vs. Rajiv Kumar Agarwal) bearing CNR No. UPLKO40998512023 U/S 138 of N.R. Act pending before Addiitonal Court, Room No. 8, Lucknow after encashment of the Post Dated Cheque No. 072344 amounting to Rs.3,00,000/- (Rupees Three Lakhs only) dated 23.10.2025 drawn on AXIS BANK in favour of Kirti Dwivedi. The Second Party No. (ii) Kirti Dwivedi has agreed to move appropriate application for withdrawal of said Case No. 85719 of 2023 (Kirti Dwivedi Vs. Rajiv Kumar Agarwal) bearing CNR No. UPLKO40998512023 U/S 138 of N.I. Act before the Court concerned within two weeks after encashment of aforesaid Post Dated Cheque No. 072344.
G. That it is also agreed between the parties that they shall not institute any case in future in the form of Criminal or civil proceedings against each other in respect of the present dispute under Complaint Case No. 65839 of 2023 U/S 138 N.I. Act (Vikas Dwivedi Vs. Rajiv Kumar Agarwal) pending before learned Addiitonal Court, Room No. 5, Lucknow as well as Complaint Case No. 85719 of 2023 (Kirti Dwivedi Vs. Rajiv Kumar Agarwal) bearing CNR No. UPLKO40998512023 U/S 138 of N.I. Act pending before Additional Court, Room No. 8, Lucknow and if any other proceedings has already been initiated, both the parties would get it disposed of in terms of this settlement Agreement.
H. That the parties have agreed that they will not make any claim with respect to the present dispute and both the Second Party will not present for encashment any other cheques by the First Party to the Second Party before the dated signing of this settlement agreement.
I. That both the parties shall be bound by the terms and conditions of this settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court, hence for contempt of the Court."
9. In the light of the fact that the settlement has arrived at between the revisionist and the private opposite party no. 2, and does not effect the public at large, and would only amount to private dispute between the parties, no useful purpose will be served will be served by allowing the applicant to be prosecuted any further, therefore theentire proceedings of Case No. 65839 of 2023 - Vikas Dwivedi Vs. Rajiv Kumar Agarwal, pending before the Additional Court, Room No. 5, Lucknow under Section 138 of Negotiable Instruments Act are hereby quashed, accordingly this application under Section 482 Cr.P.C., is allowed.
Order Date :- 12.5.2025
A. Verma
(Alok Mathur, J.)
