High Court · 2025

1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Mahesh Narain Singh, learned counsel for the respondent no.3 and perused the record.

2. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 29.04.2024 giving rise to Case Crime No. 134 of 2024, under Sections 420, 406, 467, 468, 471, 506 IPC, Police Station Prem Nagar, District Bareilly.

3. Learned counsel for the petitioners has submitted that on account of commercial dispute between the parties, the impugned F.I.R. was lodged, however subsequently, this Court vide order dated 29.05.2024 had referred the matter to the Mediation and Conciliation Centre of this Court for enabling the parties to explore the possibility of settling the dispute through mediation.

4. Pursuant thereto, the parties appeared before the Mediation and Conciliation Centre of this Court and with the help of the Mediators, all the disputes and differences have finally been resolved and now, they do not have any grievance against each other.

5. Learned counsel for the petitioners has next drawn the attention of the Court to the settlement agreement dated 05.03.2025 drawn between the parties, a copy of which has been annexed with this writ petition and shall form part of it.

6. Pursuant to the said settlement agreement, it was agreed between the parties that petitioners shall pay a sum of Rupees One Crore and Thirty Lacs to the respondent no.3.

7. Learned counsel for the petitioners has next submitted that entire agreed amount of Rupees One Crore and Thirty Lacs has already been paid to the respondent no.3 and now, nothing remains to be paid to him.

8. Learned counsel for the petitioners has next submitted that in view of the said compromise made between the parties, the impugned F.I.R. against the petitioners be quashed.

9. Learned counsel for respondent no.3 has also appeared and has acknowledged the said compromise made between the parties and has made a statement at the Bar that entire agreed amount of Rupees One Crore and Thirty Lacs has been received by the respondent no.3.

10. Learned counsel for the respondent no.3 has further submitted, on instructions, that the respondent no.3 has no objection, if the impugned F.I.R. against the petitioners is quashed.

11. Learned AGA for the State could not dispute the aforesaid facts.

12. This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC, State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences.

13. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and Another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

14. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

15. Accordingly, the impugned first information report dated 29.04.2024 giving rise to Case Crime No. 134 of 2024, under Sections 420, 406, 467, 468, 471, 506 IPC, Police Station Prem Nagar, District Bareilly, is hereby quashed.

16. Consequently, the instant writ petition is allowed. Order on Criminal Misc. Application.

17. Heard learned counsel for the petitioners, learned AGA for the State, Shri Mahesh Narain Singh, learned counsel for the respondent no.3 and perused the record.

18. Learned counsel for the petitioners has submitted that vide order dated 29.05.2024 while referring the matter to the Mediation and Conciliation Centre of this Court, the petitioners were directed to deposit a sum of Rupees Three Lacs with the Mediation and Conciliation Centre of this Court.

19. Pursuant to the said order dated 29.05.2024, the petitioners had deposited an amount of Rupees Three Lacs with the Medication and Conciliation Centre of this Court, which was required to be adjusted while making the final payment to the respondent no.3, however, it is stated that entire agreed amount of Rupees One Crore and Thirty Lacs had already been paid to the respondent no.3 without adjusting the amount of Rupees Three Lacs and the said amount is lying with the Mediation and Conciliation Centre of this Court, which be directed to be refunded to the petitioners.

20. Learned counsel for the respondent no.3 has no objection to the aforesaid prayer and has submitted that entire agreed amount of Rupees One Crore and Thirty Lacs had already been paid to the respondent no.3, as such, the amount of Rupees Three Lacs be refunded to the petitioners, subject to deduction of Rupees Ten Thousand, as mediation expenses.

21. In view thereof, since the entire agreed amount of Rupees One Crore and Thirty Lacs has already been paid to the respondent no.3, without adjusting the amount of Rupees Three Lacs, therefore, it is directed that Mediation and Conciliation Centre of this Court will refund back the amount of Rupees Two Lacs and Ninety Thousand to the petitioners, after deducting Rupees Ten Thousand as mediation expenses, within two weeks from today.

22. With the aforesaid observations, the instant criminal misc. application stands disposed of. Order Date :- 13.8.2025 Nadim NADIM ALAM High Court of Judicature at Allahabad

1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Mahesh Narain Singh, learned counsel for the respondent no.3 and perused the record.

2. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 29.04.2024 giving rise to Case Crime No. 134 of 2024, under Sections 420, 406, 467, 468, 471, 506 IPC, Police Station Prem Nagar, District Bareilly.

3. Learned counsel for the petitioners has submitted that on account of commercial dispute between the parties, the impugned F.I.R. was lodged, however subsequently, this Court vide order dated 29.05.2024 had referred the matter to the Mediation and Conciliation Centre of this Court for enabling the parties to explore the possibility of settling the dispute through mediation.

4. Pursuant thereto, the parties appeared before the Mediation and Conciliation Centre of this Court and with the help of the Mediators, all the disputes and differences have finally been resolved and now, they do not have any grievance against each other.

5. Learned counsel for the petitioners has next drawn the attention of the Court to the settlement agreement dated 05.03.2025 drawn between the parties, a copy of which has been annexed with this writ petition and shall form part of it.

6. Pursuant to the said settlement agreement, it was agreed between the parties that petitioners shall pay a sum of Rupees One Crore and Thirty Lacs to the respondent no.3.

7. Learned counsel for the petitioners has next submitted that entire agreed amount of Rupees One Crore and Thirty Lacs has already been paid to the respondent no.3 and now, nothing remains to be paid to him.

8. Learned counsel for the petitioners has next submitted that in view of the said compromise made between the parties, the impugned F.I.R. against the petitioners be quashed.

9. Learned counsel for respondent no.3 has also appeared and has acknowledged the said compromise made between the parties and has made a statement at the Bar that entire agreed amount of Rupees One Crore and Thirty Lacs has been received by the respondent no.3.

10. Learned counsel for the respondent no.3 has further submitted, on instructions, that the respondent no.3 has no objection, if the impugned F.I.R. against the petitioners is quashed.

11. Learned AGA for the State could not dispute the aforesaid facts.

12. This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC, State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences.

13. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and Another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

14. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

15. Accordingly, the impugned first information report dated 29.04.2024 giving rise to Case Crime No. 134 of 2024, under Sections 420, 406, 467, 468, 471, 506 IPC, Police Station Prem Nagar, District Bareilly, is hereby quashed.

16. Consequently, the instant writ petition is allowed. Order on Criminal Misc. Application.

17. Heard learned counsel for the petitioners, learned AGA for the State, Shri Mahesh Narain Singh, learned counsel for the respondent no.3 and perused the record.

18. Learned counsel for the petitioners has submitted that vide order dated 29.05.2024 while referring the matter to the Mediation and Conciliation Centre of this Court, the petitioners were directed to deposit a sum of Rupees Three Lacs with the Mediation and Conciliation Centre of this Court.

19. Pursuant to the said order dated 29.05.2024, the petitioners had deposited an amount of Rupees Three Lacs with the Medication and Conciliation Centre of this Court, which was required to be adjusted while making the final payment to the respondent no.3, however, it is stated that entire agreed amount of Rupees One Crore and Thirty Lacs had already been paid to the respondent no.3 without adjusting the amount of Rupees Three Lacs and the said amount is lying with the Mediation and Conciliation Centre of this Court, which be directed to be refunded to the petitioners.

20. Learned counsel for the respondent no.3 has no objection to the aforesaid prayer and has submitted that entire agreed amount of Rupees One Crore and Thirty Lacs had already been paid to the respondent no.3, as such, the amount of Rupees Three Lacs be refunded to the petitioners, subject to deduction of Rupees Ten Thousand, as mediation expenses.

21. In view thereof, since the entire agreed amount of Rupees One Crore and Thirty Lacs has already been paid to the respondent no.3, without adjusting the amount of Rupees Three Lacs, therefore, it is directed that Mediation and Conciliation Centre of this Court will refund back the amount of Rupees Two Lacs and Ninety Thousand to the petitioners, after deducting Rupees Ten Thousand as mediation expenses, within two weeks from today.

22. With the aforesaid observations, the instant criminal misc. application stands disposed of. Order Date :- 13.8.2025 Nadim NADIM ALAM High Court of Judicature at Allahabad