Amit Kanchhal v. State of U.P & Another) has been filed in the Judicature of High Court

"WHEREFORE it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the all criminal proceedings of case no. 13888/2019 arising out of case crime no. 095/2018 under section 406 IPC, Police Station P.G.I., district - Lucknow pending in the court of learned Chief Judicial Magistrate, Lucknow and also set-aside the non-bailable warrant dated 16.10.2023 issued against the petitioner as well as the cognizance and summoning order dated 02.02.2019 passed in case no.13888/2019 by the learned Chief Judicial Magistrate, Lucknow and also quash the charge sheet dated 15.05.2018 filed under section 406 IPC in the case crime no. 095/2018 under section 406 IPC, Police Station P.G.I., district Lucknow, so far as it relates with the petitioner in the interest of justice."

3. Indisputably, the dispute between the parties has been settled, as appears from Annexure -E to the report of Mediation & Conciliation Centre of this Court in Form 5.

4. The settlement between the parties reads as under :- "WHEREAS

1. The disputes and differences have arisen between the Parties hereto and an APPLICATION U/s 482 No.10824 of 2023 (Amit Kanchhal Vs. State of U.P & Another) has been filed in the Judicature of High Court at Allahabad sitting at Lucknow.

2. The matter has been referred to Mediation/Conciliation vide an order dated 19.01.2024 passed by Hon'ble Mr. Justice Manju Rani Chauhan.

3. The parties agreed that Mr. Lakshmi Kant Pathak, Advocate and Mr. Vidhu Bhushan Kalia, Advocate would act as their Mediators/Conciliators.

4. Several meetings were held during the process of Conciliation/Mediation and the parties have, with the assistance of the Mediator/ Conciliator, voluntarily arrived at an amicable solution resolving all their dispute and differences.

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator/Conciliator and there is no coercion or undue influence on either of the parties of any kind whatsoever in arriving at this settlement agreement.

6. The following settlement has been arrived at between the Parties hereto:- A. That the parties have agreed that Sri Matadeen Verma father of Opposite Party No.2 Sri Ankur Verma will put his signature to this settlement agreement in view of power of attorney dated 12.08.2024. B. That the parties agreed that the First Party would pay a sum of Rs.8,00,000/- (Rupees Eight Lacs only) to the Second Party towards one time full and final settlement of claims of the Second Party from the First Party with regard to the dispute related to the property; flat no.1205, 12th floor, in proposed Kanchhal Tower in Sector-J in Sushant Golf City, Lucknow. C. That in compliance of Hon'ble Court's order dated 19.01.2024 passed in APPLICATION U/s 482 No. 10824 of 2023 (Amit Kanchhal Vs. State of U.P. & Another), the First Party has handed over a Demand Draft No.500217 dated 27.05.2024 amounting to Rs.2,00,000/-(Rupees Two Lacs only) drawn on ICICI bank in favour of Ankur Verma. The Second Party acknowledges receipt of the said Demand Draft and the said amount of Rs.2,00,000/-(Rupees Two Lacs only) is adjusted towards the aforesaid one time full and final settlement amount Rs.8,00,000/- (Rupees Eight Lacs only). D. That the First Party has deducted the TDS amount of Rs.20,000/- (Rupees Twenty Thousand only), out of the aforesaid amount of Rs.8,00,000/- (Rupees Eight Lacs only) and the same has been paid to the Income Tax Department with regard necessary deduction. The Second Party acknowledges the deduction as per the orm 26AS of Income Tax. E. That the First Party has handed over two Demand Drafts to the Second Party towards the payment of balance amount of Rs.5,80,000/- (Rupees Five Lacs Eighty Thousand) to the Second Party today i.e.03.10.2024. The details of the Demand Drafts are mentioned hereunder. (1) D. D. No.450049 dated 29.07.2024 amounting to Rs. 1.80.000/- (Rupee One Lac Eighty Thousand only)drawn on Bank of Baroda. (ii) D. D. No.450050 dated 29.07.2024 amounting to Rs.4.00,000/- (Rupee Four Lacs only) drawn on Bank of Baroda. F. That both the parties have agreed that they have no objection if the APPLICATION U/s 482 No. 10824 of 2023 (Amit Kanchhal Vs. State of U.P & Another) is decided by the Hon'ble Court in terms of this settlement agreement. G. That the Second Party has agreed that he will not pursue the Case No. 13888 of 2019 arising out of Case Crime No.0095 of 2018 U/S 406 IPC and Police Station- P.G.L., District-Lucknow in terms of this settlement agreement. H. The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. I. That it is also agreed between the parties that henceforth no case will be instituted by them against each other in the form of criminal or civil proceedings in respect of any dispute arising out of their present dispute or any matter incidental thereto. J. That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court.

7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No. 10824 of 2023 (Amit Kanchhal Vs. State of U.P & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation. Lucknow."

5. It is stated that in view of the settlement arrived at between the parties, the present proceedings are liable to be quashed.

6. 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 settlements between the parties 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. Accordingly, present application is allowed in view of the settlement and the observations made hereinabove. Consequently, the entire proceedings of FIR/Case Crime No.095/2018 (Supra), indicated in the prayer, quoted above, are hereby quashed in view of settlement.

7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 17.1.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

"WHEREFORE it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the all criminal proceedings of case no. 13888/2019 arising out of case crime no. 095/2018 under section 406 IPC, Police Station P.G.I., district - Lucknow pending in the court of learned Chief Judicial Magistrate, Lucknow and also set-aside the non-bailable warrant dated 16.10.2023 issued against the petitioner as well as the cognizance and summoning order dated 02.02.2019 passed in case no.13888/2019 by the learned Chief Judicial Magistrate, Lucknow and also quash the charge sheet dated 15.05.2018 filed under section 406 IPC in the case crime no. 095/2018 under section 406 IPC, Police Station P.G.I., district Lucknow, so far as it relates with the petitioner in the interest of justice."

3. Indisputably, the dispute between the parties has been settled, as appears from Annexure -E to the report of Mediation & Conciliation Centre of this Court in Form 5.

4. The settlement between the parties reads as under :- "WHEREAS

1. The disputes and differences have arisen between the Parties hereto and an APPLICATION U/s 482 No.10824 of 2023 (Amit Kanchhal Vs. State of U.P & Another) has been filed in the Judicature of High Court at Allahabad sitting at Lucknow.

2. The matter has been referred to Mediation/Conciliation vide an order dated 19.01.2024 passed by Hon'ble Mr. Justice Manju Rani Chauhan.

3. The parties agreed that Mr. Lakshmi Kant Pathak, Advocate and Mr. Vidhu Bhushan Kalia, Advocate would act as their Mediators/Conciliators.

4. Several meetings were held during the process of Conciliation/Mediation and the parties have, with the assistance of the Mediator/ Conciliator, voluntarily arrived at an amicable solution resolving all their dispute and differences.

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator/Conciliator and there is no coercion or undue influence on either of the parties of any kind whatsoever in arriving at this settlement agreement.

6. The following settlement has been arrived at between the Parties hereto:- A. That the parties have agreed that Sri Matadeen Verma father of Opposite Party No.2 Sri Ankur Verma will put his signature to this settlement agreement in view of power of attorney dated 12.08.2024. B. That the parties agreed that the First Party would pay a sum of Rs.8,00,000/- (Rupees Eight Lacs only) to the Second Party towards one time full and final settlement of claims of the Second Party from the First Party with regard to the dispute related to the property; flat no.1205, 12th floor, in proposed Kanchhal Tower in Sector-J in Sushant Golf City, Lucknow. C. That in compliance of Hon'ble Court's order dated 19.01.2024 passed in APPLICATION U/s 482 No. 10824 of 2023 (Amit Kanchhal Vs. State of U.P. & Another), the First Party has handed over a Demand Draft No.500217 dated 27.05.2024 amounting to Rs.2,00,000/-(Rupees Two Lacs only) drawn on ICICI bank in favour of Ankur Verma. The Second Party acknowledges receipt of the said Demand Draft and the said amount of Rs.2,00,000/-(Rupees Two Lacs only) is adjusted towards the aforesaid one time full and final settlement amount Rs.8,00,000/- (Rupees Eight Lacs only). D. That the First Party has deducted the TDS amount of Rs.20,000/- (Rupees Twenty Thousand only), out of the aforesaid amount of Rs.8,00,000/- (Rupees Eight Lacs only) and the same has been paid to the Income Tax Department with regard necessary deduction. The Second Party acknowledges the deduction as per the orm 26AS of Income Tax. E. That the First Party has handed over two Demand Drafts to the Second Party towards the payment of balance amount of Rs.5,80,000/- (Rupees Five Lacs Eighty Thousand) to the Second Party today i.e.03.10.2024. The details of the Demand Drafts are mentioned hereunder. (1) D. D. No.450049 dated 29.07.2024 amounting to Rs. 1.80.000/- (Rupee One Lac Eighty Thousand only)drawn on Bank of Baroda. (ii) D. D. No.450050 dated 29.07.2024 amounting to Rs.4.00,000/- (Rupee Four Lacs only) drawn on Bank of Baroda. F. That both the parties have agreed that they have no objection if the APPLICATION U/s 482 No. 10824 of 2023 (Amit Kanchhal Vs. State of U.P & Another) is decided by the Hon'ble Court in terms of this settlement agreement. G. That the Second Party has agreed that he will not pursue the Case No. 13888 of 2019 arising out of Case Crime No.0095 of 2018 U/S 406 IPC and Police Station- P.G.L., District-Lucknow in terms of this settlement agreement. H. The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. I. That it is also agreed between the parties that henceforth no case will be instituted by them against each other in the form of criminal or civil proceedings in respect of any dispute arising out of their present dispute or any matter incidental thereto. J. That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court.

7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No. 10824 of 2023 (Amit Kanchhal Vs. State of U.P & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation. Lucknow."

5. It is stated that in view of the settlement arrived at between the parties, the present proceedings are liable to be quashed.

6. 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 settlements between the parties 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. Accordingly, present application is allowed in view of the settlement and the observations made hereinabove. Consequently, the entire proceedings of FIR/Case Crime No.095/2018 (Supra), indicated in the prayer, quoted above, are hereby quashed in view of settlement.

7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 17.1.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench