Allahabad High Court
Rashid And 7 Others vs State Of U.P. And Another on 4 August, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 91 Case :- APPLICATION U/S 482 No. - 16246 of 2016 Applicant :- Rashid And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ayub Counsel for Opposite Party :- G.A.,Sanjay Kumar Dubey Hon'ble Samit Gopal,J.
List revised.
Learned counsel for the applicants and Sri Sanjay Kumar Dubey, learned counsel for the private respondent are not present. Sri B.B. Upadhyay, learned counsel for the State is present.
The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the order dated 02.03.2016 passed by the Chief Judicial Magistrate, Hathras in Criminal Case No. 4552 of 2015 (Shahina Vs. Rashid & others), under Sections 498-A, 323, 326, 504, 506 I.P.C. & 3/4 of D.P. Act, Police Station Kotwali Hathras, District Hathras pending in the court of Chief Judicial Magistrate, Hathras. It is further prayed that this Hon'ble Court may be pleased to stay the further proceedings in Criminal Case No. 4552 of 2015 (Shahina Vs. Rashid & others), under Sections 498-A, 323, 326, 504, 506 I.P.C. & 3/4 of D.P. Act, Police Station Kotwali Hathras, District Hathras, during the pendency of present application.
The matter was referred to the Mediation Centre of this Court vide order dated 20.05.2016 for making an effort between the parties for settling their disputes amicably.
As per report of Mediation Centre dated 23.08.2016 the parties have entered into settlement dated 23.08.2016 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.
From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the medication proceedings were taken up which ended in a settlement dated23.08.2016 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out in the present matter. The reference of the present case is in para no. 6 (h) of the final settlement between the parties so drawn before the Mediation Centre where they have agreed to withdraw the cases going on between them.
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.
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 applicants.
The present application is allowed.
The proceedings in the aforesaid case is hereby quashed.
Office is directed to communicate this order to the concerned court within two weeks from today.
Order Date :- 4.8.2022 AS Rathore (Samit Gopal,J.)