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IN THE HIGH COURT OF ALLAHABAD
SHIV SHANKER PRASAD, J.
Naresh Kumar - Applicant
Versus
State of U.P. and Another - Opposite Parties
Application U/s 482 No. 21264 of 2023
Decided On : 20-06-2023
Negotiable instruments act,1881 - Section 138 - Amicable settlement between the parties – Seeking quash the impugned summoning order - Applicant's counsel is that there is a dispute in between the parties - There are chances of amicable settlement between the parties. Applicant's counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation – Held, File an application for settling dispute through mediation - In case such an application is filed before court for settling the dispute through mediation - Court concerned shall pass an appropriate order within a week from date of filing such an application - Mediation centre will decide the same within a period of four months - Matter against the applicant and in case mediation succeeds, applicant shall be free to approach this Court - Application is disposed of
JUDGMENT :
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application has been filed with a prayer to quash the impugned summoning order dated 09.07.2019 as well as other consequential order passed by Additional Chief Judicial Magistrate Meerut in Criminal Case No. 3746 of 2019 (Ajay Raj Singh vs. Naresh), under Section 138 of N.I. Act, Police Station-Civil Line, District-Meerut pending in the Court of Additional Chief Judicial Magistrate 5th District-Meerut.
3. The contentions raised by the applicant's counsel is that there is a dispute in between the parties. There are chances of amicable settlement between the parties. Applicant's counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation.
4. In such circumstances, it is directed that both the parties shall appear before the court below and file an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation centre will decide the same within a period of four months.
5. For a period of five months, no coercive steps shall be taken against the applicant in the above mentioned case.
6. It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicant and in case mediation succeeds, the applicant shall be free to approach this Court.
7. With the above observation, this application is disposed of.
The main legal point established in the judgment is that a mediation settlement can be enforced by the court, and the court has the power to attach properties to recover the amount agreed to be paid.
The main legal point established in the judgment is the need for clear and specific drafting of settlement agreements in matrimonial disputes, emphasizing the importance of clarity and specificity to....
Non-compoundable serious criminal offences cannot be settled through payment of money, and the quashing of FIRs is at the discretion of the Court.
Point of Law : Continuance of proceedings of case even after the parties have entered into a compromise would only result in persecution of applicants, which would give rise to a failure of justice.
Point of Law : Investigating Officer can not be restrained from arresting the accused of a cognizable offence.
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