Buddh Nagar, is hereby quashed v. VIBHA SINGH

Case :- CRIMINAL MISC. WRIT PETITION No. - 21119 of 2024 Petitioner :- Sharan Pal Sngh Sethi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Alok Kumar Yadav,Anuj Srivastava,Vikas Chandra Srivastava Counsel for Respondent :- G.A.,Syed Imran Ibrahim Case :- CRIMINAL MISC. WRIT PETITION No. - 21120 of 2024 Petitioner :- Devinder Jeet Singh Sethi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Alok Kumar Yadav,Anuj Srivastava,Vikas Chandra Srivastava Counsel for Respondent :- G.A.,Syed Imran Ibrahim Case :- CRIMINAL MISC. WRIT PETITION No. - 21121 of 2024 Petitioner :- Mrs. Navneet Gaur And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Alok Kumar Yadav,Anuj Srivastava,Vikas Chandra Srivastava Counsel for Respondent :- G.A.,Syed Imran Ibrahim Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.

1. Heard Sri Alok Kumar Yadav, learned counsel for the petitioners, learned A.G.A. for the State-respondents, Sri Syed Imran Ibrahim, learned counsel for the informant and perused the record.

2. By means of the present writ petition the petitioner is praying to quash the impugned First Information Report dated 08.11.2024, registered as Case Crime No. 0381 of 2024, under Sections 34, 120-B, 471, 468, 467, 409, 406, 420, 386 IPC, P.S. Phase III, Commissionerate, District Commissionerate Gautam Buddh Nagar.

3. When a first information report was lodged on 08.11.2024, which had given rise to Case Crime No. 0381 of 2024, the Writ Petitions No. 21119 of 2024, 21120 of 2024 and 21121 of 2024 were filed. The Writ Petition No. 21119 of 2024 was filed by accused Sharan Pal Singh Sethi, the Writ Petition No. 21120 of 2024 was filed by Devinder Jeet Singh Sethi and Writ Petition No. 21121 of 2024 was filed by Navneet Gaur and Rahul Singh Gaur. These three writ petitions were connected and heard together by this Court on 20.01.2025 whereby the parties had proposed that matter be settled before the Mediation & Conciliation Center at Allahabad. The parties to show their genuineness were also required to deposit Rs. 50,00,000/- (Fifty Lacs) before the Registrar General of the this Court. The mediation process thereafter was undergone. Initially there was an interim settlement, which was arrived at on 18.01.2025 to the following effect:- "7. In view of the Interim Settlement dated 18.01.2025, the following settlement has been arrived at between the Parties hereto:- a) That both the parties have resolved their dispute and absolve themselves of any claims or liabilities against each other and agree to resume their harmonious relationship as they had earlier and also do not want to continue with the litigation any further in any manner whatsoever. b) That both the parties have already entered into a Comprehensive Settlement Agreement dated 30.01.2025. The parties stated that all the terms and conditions mentioned therein have been fulfilled. They further reiterate and reaffirm the terms and conditions of the aforesaid Comprehensive Settlement Agreement and same shall be a part of this settlement also and the same is annexed to this settlement-agreement for kind perusal of the Hon'ble Court. c) That the parties have moved withdrawal applications in the cases filed by them against each other and agree to produce the certified copy of the withdrawal applications before the Hon'ble Court at the time of hearing. d) That the parties agree that all the litigation (if any) initiated by each other against them shall be withdrawn, set-aside or got quashed in terms of this settlement and they agree not to litigate with regard to the present dispute in future in any manner whatsoever."

4. Thereafter, when the parties had moved the required applications as per the interim Settlement Agreement dated 18.01.2025, the Mediation Center at High Court, Allahabad drew the final settlement agreed between the parties on 01.03.2025, which is reproduced hereinunder:- " a) That both the parties have resolved their dispute and absolve themselves of any claims or liabilities against each other and agree to resume their harmonious relationship as they had earlier and also do not want to continue with the litigation any further in any manner whatsoever. b) That both the parties have already entered into a Comprehensive Settlement Agreement dated 30.01.2025. The parties stated that all the terms and conditions mentioned therein have been fulfilled. They further reiterate and reaffirm the terms and conditions of the aforesaid Comprehensive Settlement Agreement and same shall be a part of this settlement also and the same is annexed to this settlement-agreement for Hon'ble Court. perusal c) That the parties have moved withdrawal applications in the cases filed by them against each other and agree to produce the certified copy of the withdrawal applications before the Hon'ble Court at the time of hearing. d) That the parties agree that all the litigation (if any) initiated by each other against them shall be withdrawn, set-aside or got quashed in terms of this settlement and they agree not to litigate with regard to the present dispute in future in any manner whatsoever."

5. From the two agreements, which have been entered into, we find that the parties have now settled the matter on 11.03.2025. The High Court had also directed that Rs. 50,00,000/- (Rs. Fifty Lacs) had to be returned to Devinder Jeet Singh Sethi, Director Japana Estates Pvt. Ltd. It has been informed by learned counsel for the parties that amount has also been returned to its rightful owner.

6. Under such circumstances, when the parties have now settled the matter pending between them, we are of the view that the first information report dated 08.11.2024, which had given rise to Case Crime No. 0381 of 2024 should be quashed.

7. In view of the above, the writ petition is allowed. Consequently, impugned First Information Report dated 08.11.2024, registered as Case Crime No. 0381 of 2024, under Sections 34, 120-B, 471, 468, 467, 409, 406, 420, 386 IPC, P.S. Phase III, Commissionerate, District Commissionerate Gautam Buddh Nagar, is hereby quashed. Order Date :- 5.5.2025 VS (Madan Pal Singh, J.) (Siddhartha Varma, J.) VIBHA SINGH High Court of Judicature at Allahabad

Case :- CRIMINAL MISC. WRIT PETITION No. - 21119 of 2024 Petitioner :- Sharan Pal Sngh Sethi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Alok Kumar Yadav,Anuj Srivastava,Vikas Chandra Srivastava Counsel for Respondent :- G.A.,Syed Imran Ibrahim Case :- CRIMINAL MISC. WRIT PETITION No. - 21120 of 2024 Petitioner :- Devinder Jeet Singh Sethi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Alok Kumar Yadav,Anuj Srivastava,Vikas Chandra Srivastava Counsel for Respondent :- G.A.,Syed Imran Ibrahim Case :- CRIMINAL MISC. WRIT PETITION No. - 21121 of 2024 Petitioner :- Mrs. Navneet Gaur And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Alok Kumar Yadav,Anuj Srivastava,Vikas Chandra Srivastava Counsel for Respondent :- G.A.,Syed Imran Ibrahim Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.

1. Heard Sri Alok Kumar Yadav, learned counsel for the petitioners, learned A.G.A. for the State-respondents, Sri Syed Imran Ibrahim, learned counsel for the informant and perused the record.

2. By means of the present writ petition the petitioner is praying to quash the impugned First Information Report dated 08.11.2024, registered as Case Crime No. 0381 of 2024, under Sections 34, 120-B, 471, 468, 467, 409, 406, 420, 386 IPC, P.S. Phase III, Commissionerate, District Commissionerate Gautam Buddh Nagar.

3. When a first information report was lodged on 08.11.2024, which had given rise to Case Crime No. 0381 of 2024, the Writ Petitions No. 21119 of 2024, 21120 of 2024 and 21121 of 2024 were filed. The Writ Petition No. 21119 of 2024 was filed by accused Sharan Pal Singh Sethi, the Writ Petition No. 21120 of 2024 was filed by Devinder Jeet Singh Sethi and Writ Petition No. 21121 of 2024 was filed by Navneet Gaur and Rahul Singh Gaur. These three writ petitions were connected and heard together by this Court on 20.01.2025 whereby the parties had proposed that matter be settled before the Mediation & Conciliation Center at Allahabad. The parties to show their genuineness were also required to deposit Rs. 50,00,000/- (Fifty Lacs) before the Registrar General of the this Court. The mediation process thereafter was undergone. Initially there was an interim settlement, which was arrived at on 18.01.2025 to the following effect:- "7. In view of the Interim Settlement dated 18.01.2025, the following settlement has been arrived at between the Parties hereto:- a) That both the parties have resolved their dispute and absolve themselves of any claims or liabilities against each other and agree to resume their harmonious relationship as they had earlier and also do not want to continue with the litigation any further in any manner whatsoever. b) That both the parties have already entered into a Comprehensive Settlement Agreement dated 30.01.2025. The parties stated that all the terms and conditions mentioned therein have been fulfilled. They further reiterate and reaffirm the terms and conditions of the aforesaid Comprehensive Settlement Agreement and same shall be a part of this settlement also and the same is annexed to this settlement-agreement for kind perusal of the Hon'ble Court. c) That the parties have moved withdrawal applications in the cases filed by them against each other and agree to produce the certified copy of the withdrawal applications before the Hon'ble Court at the time of hearing. d) That the parties agree that all the litigation (if any) initiated by each other against them shall be withdrawn, set-aside or got quashed in terms of this settlement and they agree not to litigate with regard to the present dispute in future in any manner whatsoever."

4. Thereafter, when the parties had moved the required applications as per the interim Settlement Agreement dated 18.01.2025, the Mediation Center at High Court, Allahabad drew the final settlement agreed between the parties on 01.03.2025, which is reproduced hereinunder:- " a) That both the parties have resolved their dispute and absolve themselves of any claims or liabilities against each other and agree to resume their harmonious relationship as they had earlier and also do not want to continue with the litigation any further in any manner whatsoever. b) That both the parties have already entered into a Comprehensive Settlement Agreement dated 30.01.2025. The parties stated that all the terms and conditions mentioned therein have been fulfilled. They further reiterate and reaffirm the terms and conditions of the aforesaid Comprehensive Settlement Agreement and same shall be a part of this settlement also and the same is annexed to this settlement-agreement for Hon'ble Court. perusal c) That the parties have moved withdrawal applications in the cases filed by them against each other and agree to produce the certified copy of the withdrawal applications before the Hon'ble Court at the time of hearing. d) That the parties agree that all the litigation (if any) initiated by each other against them shall be withdrawn, set-aside or got quashed in terms of this settlement and they agree not to litigate with regard to the present dispute in future in any manner whatsoever."

5. From the two agreements, which have been entered into, we find that the parties have now settled the matter on 11.03.2025. The High Court had also directed that Rs. 50,00,000/- (Rs. Fifty Lacs) had to be returned to Devinder Jeet Singh Sethi, Director Japana Estates Pvt. Ltd. It has been informed by learned counsel for the parties that amount has also been returned to its rightful owner.

6. Under such circumstances, when the parties have now settled the matter pending between them, we are of the view that the first information report dated 08.11.2024, which had given rise to Case Crime No. 0381 of 2024 should be quashed.

7. In view of the above, the writ petition is allowed. Consequently, impugned First Information Report dated 08.11.2024, registered as Case Crime No. 0381 of 2024, under Sections 34, 120-B, 471, 468, 467, 409, 406, 420, 386 IPC, P.S. Phase III, Commissionerate, District Commissionerate Gautam Buddh Nagar, is hereby quashed. Order Date :- 5.5.2025 VS (Madan Pal Singh, J.) (Siddhartha Varma, J.) VIBHA SINGH High Court of Judicature at Allahabad