- (1.) HEARD Sri Mohd. Alam for the applicant; Sri M.A. Siddiqui for opposite party No. 2 (Geeta Agarwal); and learned A.G.A. for the State.
(2.) BY the present application the applicants have prayed for quashing of the proceedings of complaint case No.1928 of 2012 (Smt. Geeta Agrawal v. Roha Infrastructure Developers Private Limited and others) pending in the Court of Additional Chief Judicial Magistrate, Court 10, Allahabad under sections 138 and 141 of the Negotiable Instruments Act.
(3.) EARLIER , by order dated 22.1.2013 the matter was referred to the Mediation Centre of this Court to explore possibilities of compromise between the parties. Pursuant to order dated 22.1.2013, the applicants deposited a sum of Rs. 58,500/ -, which is 15% of the cheque amount of Rs. 3,90,000/ -,thereafter, the mediation process was completed and the Mediation Centre submitted its report dated 14.7.2013, disclosing that the mediation process was completed and the parties arrived at a settlement. The settlement agreement dated 14.7.2013 is also enclosed along -with the report. The relevant clauses 6 and 7 of the said agreement dated 14.7.2013 which has been entered between the complainant Geeta Agrawal and the company Roha Infrastructure Developers Private Limited, provides as follows: "6. The following settlement has been arrived at between the parties hereto: a. That there were two Directors namely Amit P. Sharma, Ritu P. Sharma and 4 Ex -Directors Rama Kant Tibrewala, Brijesh Tibrewala, Srikant Tibrewala and Deepesh Tibrewala who executed power of attorney have agreed that Rohit Agarwal who is present and authorized to settle the matter on behalf of Roha Infrastructure Private Limited and others. The power of attorney is being kept on record of this mediation case No. 0310/2013. b. That now the parties are ready to settle the dispute and the dispute relates to allotment of flat under the scheme SERENE HEIGHT at Mira Road Thane Maharashtra. Some how the scheme which was introduced by the company aforesaid failed and now the parties are ready to resolve the dispute by receiving the advance money given for the allotment of flats. c. That the money advanced by the opposite party No. 2 was returned to the O.P. No. 2 and the cheque was dishonored giving rise for filing of complaint case No. 1928 of 2012. d. That complaint was filed u/Ss. 138, 141 of Negotiable Instrument Act for which cognizance was taken and the proceedings were initiated against the applicants. However, Ex -Directors were also arrayed as accused. e. That now Rohit Agarwal who is authorized to enter into the compromise on behalf of the company aforesaid has handed over a bank draft No. 013942 dated 27.06.2013 of Rs. 3,00,000/ - in the name of Geeta Agarwal, opposite party No. 2 which has accepted by her before us. f. That after receiving the aforesaid amount the complainant of this case agreed that he will not claim any further amount from the company and other accused. g. That however it is further agreed that opposite party No. 2 will take necessary action for withdrawal of the complaint case No. 1928 of 2012 and for this reason if any, legal requirement is necessary, opposite party No. 2 will co -operate with the applicants and the proceedings will be withdrawn as expeditiously as possible. h. That it is also pointed out by the parties at the time of settlement that Mohak Agarwal handed over Rs. 3,00,000/ - as advance to the company for the flat in question for which Mohak Agarwal moved an application u/S. 156(3), Cr. P. C. and under the orders of the learned magistrate case crime No. 109 of 2013 u/Ss. 420, 409, I.P.C. has been lodged at police station George Town, Allahabad in which all the above mentioned six directors have been implicated as accused. Both the parties have agreed that they agreed to withdraw case crime No. 109 of 2013 and for this O.P. No. 2 undertakes that he will co -operate with the applicants. i. That this Hon'ble Court vide order dated 21.01.2013 referred the matter to this Centre and observed that 15% of amount payable under the cheque will be deposited before the Centre. This amount will be abide by the final decision of the case and hence parties are ready to settle the matter finally and 15% of amount will be released under the orders of Hon'ble Court, which already deposited before this Centre. j. That one criminal revision No. 492 of 2012 filed by the applicants before Sessions Judge Allahabad, which already rejected on 17.12.2012. 7. 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. 2651 of 2013 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation." Pursuant to the aforesaid settlement agreement Sri M. A. Siddiqui learned counsel for opposite party No. 2 has filed a listing application No. 333374 of 2013 enclosing therewith a joint affidavit of Rohit Agrawal and Geeta Agrawal. In paragraph Nos. 3 and 4 of the joint affidavit it has been stated as follows: "3. That the dispute between the parties has been settled down through Mediation And Conciliation Centre, High Court, Allahabad and both the parties entered into compromise as such a Settlement Agreement was signed between the parties and according to the settlement agreement, the Company has already paid entire amount to the opposite party through bank draft and the same has been accepted and obtained by the opposite party No. 2. The opposite party No. 2 has no objection if 15% deposited by Company in compliance of Hon'ble High Court order dated on 22.1.2013 will be released on favour of the company. 4. That the since the dispute between the parties has been settled down through the Mediation and Conciliation Centre, High Court Allahabad as such it is in the interest of justice that this Hon'ble Court may fix an early date so that the matter may be heard and disposed of accordingly.";