Allahabad High Court
Ajay Kumar And 7 Others vs State Of U.P. And Another on 10 February, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:19373 Court No. - 78 Case :- APPLICATION U/S 482 No. - 3657 of 2024 Applicant :- Ajay Kumar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajpal Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Manoj Kumar Singh holding brief of Sri Rajpal Singh, learned counsel for the applicants, Sri Santosh Kumar Upadhyay, learned counsel for the opposite party no.2, Sri Ajay Singh, learned AGA-I for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Ajay Kumar, Shishpal, Saksham Singh, Shubham Singh, Laxmi Devi, Kavita, Jyoti and Pinki with the prayer to allow the present application and quash the charge sheet dated 10.8.2022 filed in Case No.968 of 2023, arising out of Case Crime No.787 of 2021, under Section 498A, 323, 504, 506, 316, 377, 354, 354C, 494 I.P.C. and 3/4 Dowry Prohibition Act (against applicant no.1), under Section 498A, 323, 504, 506, 354, 354C I.P.C. and 3/4 Dowry Prohibition Act (against applicant no.2), under Sections 498A, 323, 504, 506, 346, 354, 354C I.P.C. and 3/4 Dowry Prohibition Act (against applicant no.3 and 4) and under Sections 498A, 323, 504, 506, 316 I.P.C. and 3/4 Dowry Prohibition Act (against applicant nos.5, 6 and 7), Police Station Dhoomanganj, District Prayagraj pending in the court of Additional Chief Judicial Magistrate, Court No.9, Prayagraj and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.
4. The matter was referred to the Mediation Centre of this Court vide order dated 12.2.2024 for making an effort between the parties for settling their disputes amicably. The dispute between the parties is matrimonial in nature.
5. As per the office report dated 12.9.2024, a report from the Mediation Centre of this Court is on record.
6. As per report of Mediation Centre dated 7.7.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them and further they have decided to live separately and in this regard they have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court concerned and further agreed to withdraw the cases going on between them.
7. From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7 (g) of the said mediation report.
8. Learned counsel for the parties have no objection to the said proposition.
9. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.
10. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).
11. The present application is allowed.
12. The entire proceedings of the aforesaid case as well as Charge Sheet in the aforesaid case are hereby quashed.
(Samit Gopal, J.) Order Date :- 10.2.2025 Gaurav Kuls