High Court

2. Learned counsel for respondent no. 2 is not present, however learned counsel for the applicant is present.

3. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with a prayer to to quash the entire proceedings of entire proceedings as well as the consequential proceedings of Case Crime No. 339 of 2023, dated 26.09.2023, registered at Police Station- Dargah Sharif, District- Lucknow East (Commissionerate), in which after taking the cognizance of the charge sheet the Applicants have been summoned, vide order, dated 28.05.2024, by Court of Ld. Additional Civil Judge (S.D)/ ACJM, Bahraich to face the trial in Case No. 9777/2024 under Section 406, 506 and 420, IPC, which is pending adjudication before Court of Ld. Additional Civil Judge (S.D)/ ACJM, Bahraich.

4. In the present case, by order dated 05.08.2024, this Court has sent this matter to the mediation centre. For convenience, the order dated 05.08.2024, passed by this Court is quoted hereinbelow:- "1. Shri Roshan Babu Gupta, Advocate has filed his vakalatnama on behalf of opposite party No.2 and the same is taken on record.

2. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the record.

3. The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following prayer:- "To quash the entire proceedings as well as the consequential proceedings of Case Crime No. 339 of 2023, dated 26.09.2023, registered at Police Station- Dargah Sharif, District- Lucknow East (Commissionerate), in which after taking the cognizance of the charge sheet the applicants have been summoned, vide order, dated 28.05.2024, by Court of Ld. Additional Civil Judge (S.D)/ ACJM, Bahraich to face the trial in Case No. 9777/2024 under Section 406, 506 and 420, IPC, which is pending adjudication before Court of Ld. Additional Civil Judge (S.D)/ ACJM, Bahraich."

4. Learned counsel for the applicant stated that the applicant is ready to settle the dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties and to show the bonafide, he says that the applicant is ready to deposit an amount to the tune of Rs. 1,50,000/- before Mediation and Conciliation Centre of this Court.

5. In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 30.08.2024. The applicant shall deposit an amount of Rs. 1,50,000/- before the Mediation and Conciliation Centre of this Court within one week from today, from which, Rs.50,000/- shall be released in favour of the opposite party No. 2 forthwith and the rest shall be retained by the Mediation Centre.

6. Issue notice to the opposite party No. 2. Steps in this regard be taken within three working days.

7. List/put up this case before this Court on 30.09.2024 as fresh alongwith mediation report, showing the name of Shri Roshan Babu Gupta as counsel for opposite party No.2 in the cause list.

8. Till the next date of listing, the proceedings in issue shall be kept in abeyance qua the applicant.

9. In case, the amount aforesaid is not deposited and steps are not taken by the applicant within the specified time, the interim protection granted by this Court shall not be available to the applicant.

10. On the next date, interim protection shall not be get extended without hearing the counsel for the applicant."

5. On the last date, i.e. 11.02.2025, the matter was taken up and even on that date, learned counsel for the applicant was not present and the following order was passed:- "1. Vakalatnama filed by L.K Tripathi, Advocate on behalf of the applicant is taken on record.

2. Learned counsel for the applicant has submitted that a settlement has been made between the parties in the mediation proceedings and the report dated 09.01.2025 is on record, but no one is present on behalf of respondent no. 2.

3. As such, list this case in the next week, within top-10 cases, showing the name of Shri L.K Tripathi as learned counsel for the applicant.

4. Interim order, if any, shall continue till the next date of listing."

6. In compliance of the order of this Court, the mediation Centre submitted the report alongwith settlement agreement dated 09.01.2025 entered into between the parties, which is on record.

7. Learned A.G.A has submitted that a settlement agreement has been entered into between the parties before the Mediator and he has nothing to say in this matter after the mediation.

8. Learned counsel for the applicant has also drawn attention of this Court to clause-D to the settlement agreement, which is quoted hereinbelow:- "That the parties have agreed that the First Party shall make prayer before the Hon'ble Court that out of aforesaid amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) deposited in compliance of Hon'ble Court's order dated 05.08.2024 the balance amount of Rs. 1,00,000/- (Rupees One Lakh only) may be refunded to the First Party by the Mediation Centre and the Second Party has agreed that he will have no objection towards the same."

9. As such, the Mediation and Conciliation Centre, Luknow is directed to refund the sum of Rs. 1 lakh as per clause-D of the settlement agreement to the applicant within a period of ten days from the date certified copy of this order is served.

10. 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 settlement entered into between the parties in the mediation proceedings as mentioned above, 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.

11. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicant.

12. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 7.4.2025 DiVYa

2. Learned counsel for respondent no. 2 is not present, however learned counsel for the applicant is present.

3. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with a prayer to to quash the entire proceedings of entire proceedings as well as the consequential proceedings of Case Crime No. 339 of 2023, dated 26.09.2023, registered at Police Station- Dargah Sharif, District- Lucknow East (Commissionerate), in which after taking the cognizance of the charge sheet the Applicants have been summoned, vide order, dated 28.05.2024, by Court of Ld. Additional Civil Judge (S.D)/ ACJM, Bahraich to face the trial in Case No. 9777/2024 under Section 406, 506 and 420, IPC, which is pending adjudication before Court of Ld. Additional Civil Judge (S.D)/ ACJM, Bahraich.

4. In the present case, by order dated 05.08.2024, this Court has sent this matter to the mediation centre. For convenience, the order dated 05.08.2024, passed by this Court is quoted hereinbelow:- "1. Shri Roshan Babu Gupta, Advocate has filed his vakalatnama on behalf of opposite party No.2 and the same is taken on record.

2. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the record.

3. The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following prayer:- "To quash the entire proceedings as well as the consequential proceedings of Case Crime No. 339 of 2023, dated 26.09.2023, registered at Police Station- Dargah Sharif, District- Lucknow East (Commissionerate), in which after taking the cognizance of the charge sheet the applicants have been summoned, vide order, dated 28.05.2024, by Court of Ld. Additional Civil Judge (S.D)/ ACJM, Bahraich to face the trial in Case No. 9777/2024 under Section 406, 506 and 420, IPC, which is pending adjudication before Court of Ld. Additional Civil Judge (S.D)/ ACJM, Bahraich."

4. Learned counsel for the applicant stated that the applicant is ready to settle the dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties and to show the bonafide, he says that the applicant is ready to deposit an amount to the tune of Rs. 1,50,000/- before Mediation and Conciliation Centre of this Court.

5. In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 30.08.2024. The applicant shall deposit an amount of Rs. 1,50,000/- before the Mediation and Conciliation Centre of this Court within one week from today, from which, Rs.50,000/- shall be released in favour of the opposite party No. 2 forthwith and the rest shall be retained by the Mediation Centre.

6. Issue notice to the opposite party No. 2. Steps in this regard be taken within three working days.

7. List/put up this case before this Court on 30.09.2024 as fresh alongwith mediation report, showing the name of Shri Roshan Babu Gupta as counsel for opposite party No.2 in the cause list.

8. Till the next date of listing, the proceedings in issue shall be kept in abeyance qua the applicant.

9. In case, the amount aforesaid is not deposited and steps are not taken by the applicant within the specified time, the interim protection granted by this Court shall not be available to the applicant.

10. On the next date, interim protection shall not be get extended without hearing the counsel for the applicant."

5. On the last date, i.e. 11.02.2025, the matter was taken up and even on that date, learned counsel for the applicant was not present and the following order was passed:- "1. Vakalatnama filed by L.K Tripathi, Advocate on behalf of the applicant is taken on record.

2. Learned counsel for the applicant has submitted that a settlement has been made between the parties in the mediation proceedings and the report dated 09.01.2025 is on record, but no one is present on behalf of respondent no. 2.

3. As such, list this case in the next week, within top-10 cases, showing the name of Shri L.K Tripathi as learned counsel for the applicant.

4. Interim order, if any, shall continue till the next date of listing."

6. In compliance of the order of this Court, the mediation Centre submitted the report alongwith settlement agreement dated 09.01.2025 entered into between the parties, which is on record.

7. Learned A.G.A has submitted that a settlement agreement has been entered into between the parties before the Mediator and he has nothing to say in this matter after the mediation.

8. Learned counsel for the applicant has also drawn attention of this Court to clause-D to the settlement agreement, which is quoted hereinbelow:- "That the parties have agreed that the First Party shall make prayer before the Hon'ble Court that out of aforesaid amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) deposited in compliance of Hon'ble Court's order dated 05.08.2024 the balance amount of Rs. 1,00,000/- (Rupees One Lakh only) may be refunded to the First Party by the Mediation Centre and the Second Party has agreed that he will have no objection towards the same."

9. As such, the Mediation and Conciliation Centre, Luknow is directed to refund the sum of Rs. 1 lakh as per clause-D of the settlement agreement to the applicant within a period of ten days from the date certified copy of this order is served.

10. 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 settlement entered into between the parties in the mediation proceedings as mentioned above, 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.

11. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicant.

12. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 7.4.2025 DiVYa