Manik Charan Gupta and 2 Others v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15028 of 2023 Petitioner :- Manik Charan Gupta And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Singh Counsel for Respondent :- G.A.,Amit Singh Rana,Rajesh Kumar Nishad,Vikas Tripathi Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Rajendra Singh, learned counsel for the petitioners, Sri Abhishek Singh holding brief of Sri Rajesh Kumar Nishad, learned counsel appearing for the informant and learned A.G.A. appearing for the State respondents.

¶2This writ petition has been filed praying to quash the impugned First Information Report dated 21.8.2023 registered as Case Crime No. 376 of 2023, under Sections 419, 420, 406, 467, 468, 471, 120-B, 506 IPC, P.S. Sarnath, District Varanasi.

¶3Vide order dated 12.10.2023 the matter was referred to the mediation centre.

¶4Perused the office report dated 26.10.2023 and the settlement agreement dated 19.10.2023 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 6 of the settlement agreement dated 19.10.2023. The paragraph 6 is quoted as under:- "6. The following settlement has been arrived at between the parties hereto:- a) That Manik Charan Gupta, Ravi (Petitioner Nos. 1 and 3) and Ashish Kumar Yadav (Respondent No. 3) have settled their dispute outside the Mediation Centre and produced a notarized Samjhautanama dated

01.09.2023 before the Centre. The original Samjhautanama is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court and the same shall be a part of this settlement also. b) That the contents of aforesaid Samjhautanama have been read over to the parties and they reaffirm and reiterate the terms and conditions therein and accordingly undertake to abide by the same. c) That it has also been agreed between the parties that all the cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. d) That in view of the above, the Respondent No. 3 shall have no objection if the Hon'ble Court pleases to allow the Criminal Misc. Writ Petition No. 15028 of 2023. e) That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also. f) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."

¶5It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 21.8.2023 registered as Case Crime No. 376 of 2023, under Sections 419, 420, 406, 467, 468, 471, 120-B, 506 IPC, P.S. Sarnath, District Varanasi is liable to be quashed.

¶6Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab) and in view of the settlement agreement dated 19.10.2023, the impugned First Information Report dated 21.8.2023 registered as Case Crime No. 376 of 2023, under Sections 419, 420, 406, 467, 468, 471, 120-B, 506 IPC, P.S. Sarnath, District Varanasi is hereby quashed.

¶7The present petition is, accordingly, allowed. Order Date :- 27.10.2023 Lalit Shukla High Court of Judicature at Allahabad