Nazim Khan and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 8687 of 2022 Applicant :- Nazim Khan And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- D.P. Dutt Tiwari,Saurabh Shankar Srivastava Counsel for Opposite Party :- G.A.,Abdul Malik Hon'ble Shree Prakash Singh,J. Heard, Sri D.P. Dutt Tiwari, learned counsel for the applicants, Sri B.N. Nishad, learned A.G.A. for the State, Sri Amar Singh, learned counsel for opposite party no. 2 and perused the material placed on record. Instant application has been filed with prayer to quash the impugned order dated 12.09.2022 and further set-aside the entire proceedings of Criminal Case No. 79804 of 2019 arising out of Case Crime No. 0091 of 2019, Police Station-Thakurganj District Lucknow, pending before the learned Special Additional Chief Judicial Magistrate, C.B.I., Lucknow. Learned counsel appearing for the applicants submits that vide order dated 19.09.2023, the matter was referred to the Mediation and Conciliation Centre of this Court, wherein, both the parties appeared and they have settled their dispute amicably. He next added that the settlement agreement has also been executed between the parties and all the parties signed over there. Adding his argument he submits that now there is no dispute in between the parties and further criminal proceedings would be futile exercise and amount to harassment of the applicant and thus, submission is that the criminal proceedings against the present applicant may be quashed. Learned counsel appearing for the opposite party no. 2 has also supported the version of learned counsel for the applicants and submits that now there is no grievance remains in between the parties, therefore the criminal proceedings against the present applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Considering the submissions of learned counsels for the parties, it transpires that there was certain dispute in between the present applicants and opposite party no. 2, thereafter, they sat together and have settled their dispute before the Mediation and Conciliation Centre and that too has been reduced in writing as settlement agreement dated 11.10.2023. This Court further noticed the fact that the Mediation Center has also sent its report dated 11.10.2023 whereby it has been reported that Mediation is successful and completed. A copy of the settlement agreement dated 11.10.2023 has also been enclosed along with the report of the Mediator. Resultantly, the criminal proceedings of Criminal Case No. 79804 of 2019 arising out of Case Crime No. 0091 of 2019, Police Station-Thakurganj District Lucknow, pending before the learned Special Additional Chief Judicial Magistrate, C.B.I., Lucknow are hereby quashed. The settlement agreement dated 11.10.2023 shall be the part of this order. Consequences to be followed. The application is allowed accordingly. Consigned to record. Order Date :- 9.11.2023 Anurag High Court of Judicature at Allahabad, Lucknow Bench