Ajay Kumar and another vs State of U.P. and another

Ashwani Kumar Singh, J.—Heard learned Counsel for the applicants, learned A.G.A. for the State and perused the entire record of the case. None is present for the opposite party No. 2.

Learned Counsel for the applicants states that the matter was referred to the Mediation Centre vide order dated 12.3.2008, where the matter has been settled and the report of the Mediation Centre is on record. In para 7 of the report, it is stated that all the disputes and differences, in this regard, have been amicably settled by the parties. Para 7 of the report is as under :

"By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to Crl. Misc. Application No. 4027 of 2008 and all the disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation."

It is further contended by the learned Counsel for the applicants that the petitioners have already deposited Rs. 3,50,000.00 through bank draft, which has been ordered to be given to Smt. Prem Lata @ Neha, opposite party No. 2. It is further submitted that in view of the settlement made before the Mediation Centre, this Court may be pleased to quash the Complaint Case No. 1063 of 2007, under sections 452 and 323 IPC, P.S. Jagdishpura, District Agra (Prem Lata @ Neha v. Ajay Kumar and another), pending in the Court of learned Judicial MagistrateI, Agra.

In the facts and circumstances of the case, the proceedings in Complaint Case No. 1063 of 2007, under sections 452 and 323 IPC, P.S. Jagdishpura, District Agra (Prem Lata @ Neha v. Ajay Kumar and another), pending in the Court of learned Judicial MagistrateI, Agra, are hereby quashed. The petition is allowed.

The Registrar of this Court to send a copy of this order to the District and Sessions Judge concerned, who shall apprise the Court concerned of this order.

Application Allowed.