High Court

Applicant :- Subhash Passi @ Subhash Munniram Passi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A.,Anurag Narain Srivastava,Prashant Chaurasia Hon'ble Rajesh Singh Chauhan,J.

1. Heard Ms. Manjusha Kapil, learned counsel for the applicants and Ms. Vartika Pandey, learned Advocate holding brief of Sri Prashant Chaurasia, learned counsel for the private opposite party.

2. It is admitted at the bar that the parties are similar in all the aforesaid cases and this Court granted an interim order in all the aforesaid cases, which are as under:- (i) The interim order dated 14.11.2024 passed in APPLICATION U/S 482 No.10246 of 2024 reads as under:- "1. Heard Ms. Manjusha Kapil, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

2. Issue notice by both ways to the opposite party no. 2 returnable at an early date.

3. In addition to regular notice Dasti summons be issued to the learned counsel for the applicant to be served on opposite party outside the court.

3. Steps within a week.

4. Office to proceed accordingly.

5. By means of this application the applicants have prayed following relief: "For the facts stated and the reason disclosed in the accompanying petition which is duly supported by an affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 18/7/2024 which is passed by Chief Judicial Magistrate, Hardoi against the discharge application of petitioners by which the non bailable warrant have been issued against petitioners and entire proceedings of Criminal Case no. 1114 of 2024, "State versus Subhash Pasi @ Subhash Munni Ram Pasi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 772 of 2023, case crime no. 707 of 2023, under section 420/467/468/471/406, Police Station: Kotwali City, District: Hardoi, as contained in Annexure No. 1 (order dated 18/7/2024) to the accompanying affidavit. It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the further proceeding of criminal case no.1114 of 2024, case crime no.- 707 of 2023, under section 420/467/468/471/406, Police Station Kotwali City, District: Hardoi, pending in the court of Chief Judicial Magistrate, Hardoi, during the pendency of petition in this Hon'ble Court. Annexure No.- 2 Charge sheet)."

6. Ms. Kapil has stated that mainly the dispute in question is of monetary nature and even the applicants have paid almost entire amount to the opposite party no. 2 though some amount is remaining but that remaining amount is not related to the present case. The parties are ready to settle the dispute amicably outside the Court. The applicants have offered the opposite party no. 2 to settle the dispute by entering into a compromise deed and the opposite party no. 2 has orally assured the applicants.

7. So as to understand the aforesaid aspect the appearance of opposite party no. 2 would be required and if the parties agree on the point that the matter may be referred to the Mediation and Conciliation Center, the same may be referred.

8. List on 9.12.2024. On that date both the applicants and opposite party no. 2 shall appear in person.

9. The Station House Officer, P.S. Kotwali City, District Hardoi shall apprise the date to the opposite party no. 2 for his appearance and learned AGA shall intimate this order to the S.H.O. concerned for its compliance.

10. Learned counsel for the applicants may intimate this order to the learned court concerned for seeking short adjournment.

11. Further till the next date of listing no coercive steps shall be taken against the applicants." (ii)Interim order dated 21.02.2025 passed in the APPLICATION U/S 482 No.2701 of 2024 and connected case is as under:- "Case :- APPLICATION U/S 482 No.2701 of 2024 Applicant :- Reena Passi @ Reena Subhash Passi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A. (with) Case :- APPLICATION U/S 482 No. - 3032 of 2024 Applicant :- Subhash Passi @ Subhash Munniram Passi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A.,Anurag Narain Srivastava,Prashant Chaurasia Heard learned counsel for the applicant and learned A.G.A. for the State. By means of the aforesaid applications under Section 482 CrPC, the applicants have prayed the following reliefs:- (i) "For the facts stated and the reasons disclosed in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Case no.- 1113 of 2024, "State versus Subhash Munni Ram Passi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 775 of 2023, under section- 419/420/406/467/468/471 Indian Penal Code, Police Station Kotwali City, District Hardoi, including order dated 24-01-2024 by which the summon has been issued against petitioner as contained in Annexure No. 1 (summon order) and 2 (charge-sheet) to the accompanying affidavit. case crime no.- 471 of 2023, It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case no. 1113 of 2024, "State versus Subhash Munni Ram Passi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 775 of 2023, case crime no.- 471 of 2023, under section-419/420/406/467/468/471 Indian Penal Code, Police Station: Kotwali City, District: Hardoi, pending in the court of Chief Judicial Magistrate, Hrdoi, during the pendency of petition in this Hon'ble Court." (ii) "For the facts stated and the reasons disclosed in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Case no.- 1113 of 2024, "State versus Subhash Munni Ram Passi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 775 of 2023, under section- 419/420/406/467/468/471 Indian Penal Code, Police Station Kotwali City, District Hardoi, including order dated 24-01-2024 by which the summon has been issued against petitioner as contained in Annexure No. 1 case crime no.- 471 of 2023, (summon order) and 2 (charge-sheet) to the accompanying affidavit. It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case no. 1113 of 2024, "State versus Subhash Munni Ram Passi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 775 of 2023, case crime no.- 471 of 2023, under section-419/420/406/467/468/471 Indian Penal Code, Police Station: Kotwali City, District: Hardoi, pending in the court of Chief Judicial Magistrate, Hrdoi, during the pendency of petition in this Hon'ble Court." Attention has been drawn towards one order dated 30.01.2025 passed by this Court in case No. Application u/s 482 No. 10246 of 2024 (Reena Passi @ Reena Subhash Passi And Another Vs. State Of U.P. And Another) wherein this Court has passed the following order:- "Heard Ms. Manjusha Kapil, learned counsel for the applicants, Sri Arun Verma, learned A.G.A. for the State and Sri Anurag Narain Srivastava, learned counsel for the opposite party No. 2. Learned counsel for the applicants has filed supplementary affidavit. The same is taken on record. The present application under Section 482 CrPC has been filed praying therein the following main relief(s): "For the facts stated and the reason disclosed in the accompanying petition which is duly supported by an affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 18/7/2024 which is passed by Chief Judicial Magistrate, Hardoi against the discharge application of petitioners by which the non bailable warrant have been issued against petitioners and entire proceedings of Criminal Case no. 1114 of 2024, "State versus Subhash Pasi @ Subhash Munni Ram Pasi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.-772 of 2023, case crime no.- 707 of 2023, under section 420/467/468/471/406, Police Station: Kotwali City, District: Hardoi, as contained in Annexure No. 1 (order dated 18/7/2024) to the accompanying affidavit. It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the further proceeding of criminal case no. 1114 of 2024, case crime no.- 707 of 2023, under section 420/467/468/471/406, Police Station Kotwali City, District: Hardoi, pending in the court of Chief Judicial Magistrate, Hardoi, during the pendency of petition in this Hon'ble Court. (Annexure No.- 2 Charge sheet)." Learned counsel for the applicants has informed that the applicant No. 2 namely Sri Subhash Passi @ Subhash Munni Ram Passi is in judicial custody, therefore, he could not appear before the Trial Court, though, the applicant No. 1 namely Smt. Reena Passi @ Reena Subhash Passi is present in person. She has also informed that the opposite party No. 2/ complainant namely Sri Prakash Gupta is also present in person. The parties, who are present in person, have stated that they are willing to enter into a compromise to settle their dispute amicably by way of mediation, therefore, they have requested that the matter may be sent to the Mediation and Conciliation Centre of this Court. Sri Anurag Narain Srivastava, learned counsel for the opposite party No. 2 has also stated that the matter may be referred to the Mediation and Conciliation Centre of this Court so that the matter can be settled amicably by way of mediation. Having considered the submission of the parties and learned counsel for the parties, I find it appropriate that the matter may be referred to the Mediation and Conciliation Centre of this Court so that the parties may settle their dispute amicably by way of mediation. Accordingly, let the matter be placed before the Mediation and Conciliation Centre of this Court on 24 February, 2025. On that date, the parties to the compromise shall remain present in person before the Mediation and Conciliation Centre of this Court to settle their dispute amicably by way of process of mediation. The parties shall participate in the mediation proceedings properly and shall not seek unnecessary adjournments. It is expected from the Mediation and Conciliation Centre of this Court to conclude the mediation proceedings of the aforesaid case within a period of three months. Thereafter, the Mediation and Conciliation Centre of this Court shall submit its report to this Court forthwith. List this case before this Court on 26 May, 2025 along with mediation report. Till then, no coercive action shall be taken against the applicants. In case, the applicant No. 2 namely Subhash Passi @ Subhash Munni Ram Passi comes out of jail after getting bail from the competent court, the benefit of this order would also be extended to him." It has been informed at the bar that the aforesaid order has been passed in a case of the applicants of both the aforesaid applications. By means of the order dated 30.01.2025, the matter has been referred to the Mediation and Conciliation Centre of this Court and the parties are ready to settle their dispute amicably through mediation, therefore, it has been requested that both the aforesaid applications may be referred to the Mediation and Conciliation Centre of this Court for amicable settlement of their dispute. Accordingly, list and connect the aforesaid cases (APPLICATION U/S 482 No. - 2701 of 2024 (Reena Passi @ Reena Subhash Passi Vs. State Of U.P. And Another) & APPLICATION U/S 482 No. - 3032 of 2024 (Subhash Passi @ Subhash Munniram Passi Vs. State Of U.P. And Another) with APPLICATION U/S 482 No. 10246 of 2024 (Reena Passi @ Reena Subhash Passi And Another Vs. State Of U.P. And Another). Since the parties are ready to settle their dispute amicably, therefore, it is expected from the Mediation and Conciliation Centre of this Court to conclude the mediation proceedings relating to the proceedings of the aforesaid three cases within the time so stipulated vide order dated 30.01.2025. Till the next date of listing, no coercive action/ steps shall be taken against both the aforesaid applicants."

3. Attention has been drawn towards the mediation report dated 20.03.2025 submitted in all the aforesaid cases, which indicate that the parties have entered into compromise and agreement of compromise have been entered into, therefore, mediation is successful. The mediation report and the compromise deed are already on record.

4. Learned counsel for the parties have stated that the parties are not willing to contest the criminal cases, wherein the charge- sheet has already been filed.

5. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala reported in (2018) 15 Supreme Court Cases 343 has observed that even if the offence(s) in question is/are not compoundable within the scope of section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties.

6. Not only the above, considering the facts and circumstances of the issue in question and other dictums of Hon'ble Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J. Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641, the order dated 18.07.2024 passed by the learned Chief Judicial Magistrate, Hardoi as well as the entire proceedings of Criminal Case No.1114 of 2024, State vs.Subhash Pasi @ Subhash Munni Ram Pasi & others, pending in the Court of Chief Judicial Magistrate, Hardoi, arising out of Charge-Sheet No.772 of 2023, Case Crime No.707 of 2023, under Sections 420, 467, 468, 471 & 406 I.P.C., Police Station- Kotwali City, District-Hardoi as well as the entire proceedings of Criminal Case No.1113 of 2024, State vs. Subhash Pasi @ Subhash Munni Ram Pasi & others, pending in the Court of Chief Judicial Magistrate, Hardoi, arising out of Charge-Sheet No.775 of 2023, Case Crime No.471 of 2023, under Sections 419, 420, 467, 468, 471 & 406 I.P.C., Police Station-Kotwali City, District-Hardoi together with the order dated 24.01.2024, whereby the summon has been issued against the petitioners, are hereby quashed.

7. Accordingly, all the aforesaid petitions are allowed in terms of the aforesaid compromise entered into between the parties, which would be the part of this order.

8. No order as to cost. [Rajesh Singh Chauhan,J.] Order Date :- 3.7.2025 Suresh/

Applicant :- Subhash Passi @ Subhash Munniram Passi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A.,Anurag Narain Srivastava,Prashant Chaurasia Hon'ble Rajesh Singh Chauhan,J.

1. Heard Ms. Manjusha Kapil, learned counsel for the applicants and Ms. Vartika Pandey, learned Advocate holding brief of Sri Prashant Chaurasia, learned counsel for the private opposite party.

2. It is admitted at the bar that the parties are similar in all the aforesaid cases and this Court granted an interim order in all the aforesaid cases, which are as under:- (i) The interim order dated 14.11.2024 passed in APPLICATION U/S 482 No.10246 of 2024 reads as under:- "1. Heard Ms. Manjusha Kapil, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

2. Issue notice by both ways to the opposite party no. 2 returnable at an early date.

3. In addition to regular notice Dasti summons be issued to the learned counsel for the applicant to be served on opposite party outside the court.

3. Steps within a week.

4. Office to proceed accordingly.

5. By means of this application the applicants have prayed following relief: "For the facts stated and the reason disclosed in the accompanying petition which is duly supported by an affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 18/7/2024 which is passed by Chief Judicial Magistrate, Hardoi against the discharge application of petitioners by which the non bailable warrant have been issued against petitioners and entire proceedings of Criminal Case no. 1114 of 2024, "State versus Subhash Pasi @ Subhash Munni Ram Pasi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 772 of 2023, case crime no. 707 of 2023, under section 420/467/468/471/406, Police Station: Kotwali City, District: Hardoi, as contained in Annexure No. 1 (order dated 18/7/2024) to the accompanying affidavit. It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the further proceeding of criminal case no.1114 of 2024, case crime no.- 707 of 2023, under section 420/467/468/471/406, Police Station Kotwali City, District: Hardoi, pending in the court of Chief Judicial Magistrate, Hardoi, during the pendency of petition in this Hon'ble Court. Annexure No.- 2 Charge sheet)."

6. Ms. Kapil has stated that mainly the dispute in question is of monetary nature and even the applicants have paid almost entire amount to the opposite party no. 2 though some amount is remaining but that remaining amount is not related to the present case. The parties are ready to settle the dispute amicably outside the Court. The applicants have offered the opposite party no. 2 to settle the dispute by entering into a compromise deed and the opposite party no. 2 has orally assured the applicants.

7. So as to understand the aforesaid aspect the appearance of opposite party no. 2 would be required and if the parties agree on the point that the matter may be referred to the Mediation and Conciliation Center, the same may be referred.

8. List on 9.12.2024. On that date both the applicants and opposite party no. 2 shall appear in person.

9. The Station House Officer, P.S. Kotwali City, District Hardoi shall apprise the date to the opposite party no. 2 for his appearance and learned AGA shall intimate this order to the S.H.O. concerned for its compliance.

10. Learned counsel for the applicants may intimate this order to the learned court concerned for seeking short adjournment.

11. Further till the next date of listing no coercive steps shall be taken against the applicants." (ii)Interim order dated 21.02.2025 passed in the APPLICATION U/S 482 No.2701 of 2024 and connected case is as under:- "Case :- APPLICATION U/S 482 No.2701 of 2024 Applicant :- Reena Passi @ Reena Subhash Passi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A. (with) Case :- APPLICATION U/S 482 No. - 3032 of 2024 Applicant :- Subhash Passi @ Subhash Munniram Passi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A.,Anurag Narain Srivastava,Prashant Chaurasia Heard learned counsel for the applicant and learned A.G.A. for the State. By means of the aforesaid applications under Section 482 CrPC, the applicants have prayed the following reliefs:- (i) "For the facts stated and the reasons disclosed in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Case no.- 1113 of 2024, "State versus Subhash Munni Ram Passi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 775 of 2023, under section- 419/420/406/467/468/471 Indian Penal Code, Police Station Kotwali City, District Hardoi, including order dated 24-01-2024 by which the summon has been issued against petitioner as contained in Annexure No. 1 (summon order) and 2 (charge-sheet) to the accompanying affidavit. case crime no.- 471 of 2023, It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case no. 1113 of 2024, "State versus Subhash Munni Ram Passi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 775 of 2023, case crime no.- 471 of 2023, under section-419/420/406/467/468/471 Indian Penal Code, Police Station: Kotwali City, District: Hardoi, pending in the court of Chief Judicial Magistrate, Hrdoi, during the pendency of petition in this Hon'ble Court." (ii) "For the facts stated and the reasons disclosed in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Case no.- 1113 of 2024, "State versus Subhash Munni Ram Passi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 775 of 2023, under section- 419/420/406/467/468/471 Indian Penal Code, Police Station Kotwali City, District Hardoi, including order dated 24-01-2024 by which the summon has been issued against petitioner as contained in Annexure No. 1 case crime no.- 471 of 2023, (summon order) and 2 (charge-sheet) to the accompanying affidavit. It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case no. 1113 of 2024, "State versus Subhash Munni Ram Passi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.- 775 of 2023, case crime no.- 471 of 2023, under section-419/420/406/467/468/471 Indian Penal Code, Police Station: Kotwali City, District: Hardoi, pending in the court of Chief Judicial Magistrate, Hrdoi, during the pendency of petition in this Hon'ble Court." Attention has been drawn towards one order dated 30.01.2025 passed by this Court in case No. Application u/s 482 No. 10246 of 2024 (Reena Passi @ Reena Subhash Passi And Another Vs. State Of U.P. And Another) wherein this Court has passed the following order:- "Heard Ms. Manjusha Kapil, learned counsel for the applicants, Sri Arun Verma, learned A.G.A. for the State and Sri Anurag Narain Srivastava, learned counsel for the opposite party No. 2. Learned counsel for the applicants has filed supplementary affidavit. The same is taken on record. The present application under Section 482 CrPC has been filed praying therein the following main relief(s): "For the facts stated and the reason disclosed in the accompanying petition which is duly supported by an affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 18/7/2024 which is passed by Chief Judicial Magistrate, Hardoi against the discharge application of petitioners by which the non bailable warrant have been issued against petitioners and entire proceedings of Criminal Case no. 1114 of 2024, "State versus Subhash Pasi @ Subhash Munni Ram Pasi & others" pending in the court of Chief Judicial Magistrate, Hardoi, arising out of charge sheet No.-772 of 2023, case crime no.- 707 of 2023, under section 420/467/468/471/406, Police Station: Kotwali City, District: Hardoi, as contained in Annexure No. 1 (order dated 18/7/2024) to the accompanying affidavit. It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the further proceeding of criminal case no. 1114 of 2024, case crime no.- 707 of 2023, under section 420/467/468/471/406, Police Station Kotwali City, District: Hardoi, pending in the court of Chief Judicial Magistrate, Hardoi, during the pendency of petition in this Hon'ble Court. (Annexure No.- 2 Charge sheet)." Learned counsel for the applicants has informed that the applicant No. 2 namely Sri Subhash Passi @ Subhash Munni Ram Passi is in judicial custody, therefore, he could not appear before the Trial Court, though, the applicant No. 1 namely Smt. Reena Passi @ Reena Subhash Passi is present in person. She has also informed that the opposite party No. 2/ complainant namely Sri Prakash Gupta is also present in person. The parties, who are present in person, have stated that they are willing to enter into a compromise to settle their dispute amicably by way of mediation, therefore, they have requested that the matter may be sent to the Mediation and Conciliation Centre of this Court. Sri Anurag Narain Srivastava, learned counsel for the opposite party No. 2 has also stated that the matter may be referred to the Mediation and Conciliation Centre of this Court so that the matter can be settled amicably by way of mediation. Having considered the submission of the parties and learned counsel for the parties, I find it appropriate that the matter may be referred to the Mediation and Conciliation Centre of this Court so that the parties may settle their dispute amicably by way of mediation. Accordingly, let the matter be placed before the Mediation and Conciliation Centre of this Court on 24 February, 2025. On that date, the parties to the compromise shall remain present in person before the Mediation and Conciliation Centre of this Court to settle their dispute amicably by way of process of mediation. The parties shall participate in the mediation proceedings properly and shall not seek unnecessary adjournments. It is expected from the Mediation and Conciliation Centre of this Court to conclude the mediation proceedings of the aforesaid case within a period of three months. Thereafter, the Mediation and Conciliation Centre of this Court shall submit its report to this Court forthwith. List this case before this Court on 26 May, 2025 along with mediation report. Till then, no coercive action shall be taken against the applicants. In case, the applicant No. 2 namely Subhash Passi @ Subhash Munni Ram Passi comes out of jail after getting bail from the competent court, the benefit of this order would also be extended to him." It has been informed at the bar that the aforesaid order has been passed in a case of the applicants of both the aforesaid applications. By means of the order dated 30.01.2025, the matter has been referred to the Mediation and Conciliation Centre of this Court and the parties are ready to settle their dispute amicably through mediation, therefore, it has been requested that both the aforesaid applications may be referred to the Mediation and Conciliation Centre of this Court for amicable settlement of their dispute. Accordingly, list and connect the aforesaid cases (APPLICATION U/S 482 No. - 2701 of 2024 (Reena Passi @ Reena Subhash Passi Vs. State Of U.P. And Another) & APPLICATION U/S 482 No. - 3032 of 2024 (Subhash Passi @ Subhash Munniram Passi Vs. State Of U.P. And Another) with APPLICATION U/S 482 No. 10246 of 2024 (Reena Passi @ Reena Subhash Passi And Another Vs. State Of U.P. And Another). Since the parties are ready to settle their dispute amicably, therefore, it is expected from the Mediation and Conciliation Centre of this Court to conclude the mediation proceedings relating to the proceedings of the aforesaid three cases within the time so stipulated vide order dated 30.01.2025. Till the next date of listing, no coercive action/ steps shall be taken against both the aforesaid applicants."

3. Attention has been drawn towards the mediation report dated 20.03.2025 submitted in all the aforesaid cases, which indicate that the parties have entered into compromise and agreement of compromise have been entered into, therefore, mediation is successful. The mediation report and the compromise deed are already on record.

4. Learned counsel for the parties have stated that the parties are not willing to contest the criminal cases, wherein the charge- sheet has already been filed.

5. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala reported in (2018) 15 Supreme Court Cases 343 has observed that even if the offence(s) in question is/are not compoundable within the scope of section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties.

6. Not only the above, considering the facts and circumstances of the issue in question and other dictums of Hon'ble Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J. Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641, the order dated 18.07.2024 passed by the learned Chief Judicial Magistrate, Hardoi as well as the entire proceedings of Criminal Case No.1114 of 2024, State vs.Subhash Pasi @ Subhash Munni Ram Pasi & others, pending in the Court of Chief Judicial Magistrate, Hardoi, arising out of Charge-Sheet No.772 of 2023, Case Crime No.707 of 2023, under Sections 420, 467, 468, 471 & 406 I.P.C., Police Station- Kotwali City, District-Hardoi as well as the entire proceedings of Criminal Case No.1113 of 2024, State vs. Subhash Pasi @ Subhash Munni Ram Pasi & others, pending in the Court of Chief Judicial Magistrate, Hardoi, arising out of Charge-Sheet No.775 of 2023, Case Crime No.471 of 2023, under Sections 419, 420, 467, 468, 471 & 406 I.P.C., Police Station-Kotwali City, District-Hardoi together with the order dated 24.01.2024, whereby the summon has been issued against the petitioners, are hereby quashed.

7. Accordingly, all the aforesaid petitions are allowed in terms of the aforesaid compromise entered into between the parties, which would be the part of this order.

8. No order as to cost. [Rajesh Singh Chauhan,J.] Order Date :- 3.7.2025 Suresh/