Allahabad High Court
Sohan Singh And 2 Others vs State Of U.P. And Another on 17 May, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:107965 Court No. - 71 Case :- APPLICATION U/S 482 No. - 18324 of 2023 Applicant :- Sohan Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Ashish Goyal, learned counsel for the applicants and Sri B.B. Upadhyay, learned counsel for the State and perused the record.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants Sohan Singh, Ranveeri Devi and Bhagwan Singh with the prayer to allow this application and quash the entire criminal proceeding of Case No. 723 of 2018 (Smt. Nitu Vs. Sohan Singh and others), under Sections 12, 18, 19, 20, 22, 23 of Protection of Women From Domestic Violence Act, 2005, P.S. Sadabad, District Hathras, pending before the court of Additional Chief Judicial Magistrtate, Sadabad, Hathras on the basis of the settlement agreement dated 31.05.2022 the same has been executed between the parties before the Mediation and Conciliation Center, High Court, Allahabd and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.
4. Learned counsel for the applicants argued that previously the applicant no.1/Sohan Singh had filed Crl. Misc. Application 482 No. 13089 of 2021 (Sohan Singh Vs. State of U.P. and another) against the order dated 21.10.2020 and the order dated 13.05.2019 passed by the concerned trial court in the present case and after receipt of the report of the Mediation Centre dated 11.08.2021 this Court had quashed the said orders vide order dated 17.08.2022. The copy of the order has been placed before the Court which is annexure 1 to the affidavit. The same reads as under:-
"List revised.
Heard Sri Ashish Goyal, learned counsel for the applicant(s), Sri S.B. Maurya, learned counsel for the State and perused the records.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the impugned order dated 21.10.2020 passed by the Additional Sessions Judge, Court No.2, Hathras in Criminal Appeal No. 27 of 2019, Sohan Singh vs. State of U.P. and another, as well as order dated 13.5.2019 passed by the A.C.J.M., Sadabad, Hathras in Criminal Case No. 723 of 2018, Smt. Nitu vs. Sohan Singh, under Section 23(1) Protection of Women from Domestic Violence Act, P.S.- Sadabad, District Hathras.
The matter was referred to the Mediation Centre of this Court vide order dated 11.8.2021 for making an effort between the parties for settling their disputes amicably.
As per report of Mediation Centre dated 31.5.2022 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 10.5.2022.
As per the office report dated 3.8.2022, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.
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 31.5.2022 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- 8 (e) and (f) of the said mediation report.
Learned counsel for the applicant states that a case under Section 13 B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Hathras as Matrimonial Case No. 276 of 2022. Learned counsel assures that the applicant 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 Principal Judge, Family Court, Hathras. He prayed that a direction for expeditious disposal of the same be given.
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 applicant(s).
The present application is allowed.
The order dated 21.10.2020 passed by the Additional Sessions Judge, Court No.2, Hathras in Criminal Appeal No. 27 of 2019, Sohan Singh vs. State of U.P. and another, as well as order dated 13.5.2019 passed by the A.C.J.M., Sadabad, Hathras in Criminal Case No. 723 of 2018, Smt. Nitu vs. Sohan Singh, under Section 23(1) Protection of Women from Domestic Violence Act, P.S.- Sadabad, District Hathras are hereby quashed.
However the Principal Judge, Family Court, Hathras is directed to expedite the hearing of Matrimonial Case No. 276 of 2022 and decide the same within 30 days from the date of production of certified copy of this order.
Office is directed to communicate this order to the concerned court within two weeks from today."
5. It is further submitted that although the said orders were quashed on the basis of settlement entered between the parties before the Mediation Centre but the proceedings were not challenged and hence the same could not be quashed and thus the present 482 petition has been filed with the prayers as aforesaid. It is submitted that as such the proceedings of the said case be quashed.
6. Per contra, learned State has no objection to the same.
7. After having heard learned counsel for the parties and perusing the record and keeping in view of the order dated 17.08.2022 passed by this Court in Crl. Misc. Application 482 No. 13089 of 2021 (Sohan Singh Vs. State of U.P. and another), the proceedings of the said case are also quashed.
Order Date :- 17.5.2023 M. ARIF (Samit Gopal, J.)