Allahabad High Court
Chandrashekhar @ Shekhar And Another vs State Of U.P. And Another on 26 October, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:204083 Court No. - 69 Case :- APPLICATION U/S 482 No. - 15806 of 2023 Applicant :- Chandrashekhar @ Shekhar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Samarth Krishna,Sandeep Saxena Counsel for Opposite Party :- G.A.,Ved Mani Sharma Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Sandeep Saxena, learned counsel for the applicants, Sri Sheshmani, learned counsel for the opposite party no.2 and Sri Sanjay Kumar Singh, learned counsel for the State.
3. Learned counsel for the opposite party no.2 states that he has filed his vakalatnama in the office today i.e. on 26.10.2023.
4. Office is directed to trace out the same and place it on record and make a note in the order sheet regarding the same.
5. The present application under Section 482 Cr.P.C. has been filed by the applicants Chandrashekhar @ Shekhar and Dharmendra with the prayer to allow the present application and quash the further proceeding of Complaint Case No.1251 of 2023, u/s 420, 406, 323, 504, 506 IPC, P.S. Amroha Dehat, District Amroha pending in the Court of First Additional Civil Judge (S.D./A.C.J.M.), Amroha and summoning the order dated 14.3.2023. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case, during the pendency of present application.
4. The matter was referred to the Mediation Centre of this Court vide order dated 1.5.2023 for making an effort between the parties for settling their disputes amicably.
5. As per report of Mediation Centre dated 24.9.2023, the parties have entered into an settlement dated 24.9.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.
6. As per the office report dated 25.10.2023, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.
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 dated 24.9.2023 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7 (j) of the said mediation report.
8. Learned counsel for the applicants states that a case under Section 13-B of the Hindu Marriage Act is pending before the Family Court, Amroha. Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Family Court, concerned. He prayed that a direction for expeditious disposal of the same be given.
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 applicants.
11. The present application is allowed.
12. The proceedings of the present case as well as the summoning order in the aforesaid case are hereby quashed.
13. However the Principal Judge, Family Court, Amroha is directed to expedite the hearing of the said case and decide the same within 60 days from the date of production of certified copy of this order.
14. Office is directed to communicate this order to the concerned court within two weeks from today.
(Samit Gopal, J.) Order Date :- 26.10.2023 Gaurav Kuls