Allahabad High Court
Qadir Ali Khan vs State Of U.P. And Another on 9 October, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:180263
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 37219 of 2024
Qadir Ali Khan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Sandeep Saxena
Counsel for Opposite Party(s)
:
Ajay Kumar Mishra, G.A.
WITH
APPLICATION U/S 482 No. - 37350 of 2024
Jaddan Khan And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Samarth Krishna
Counsel for Opposite Party(s)
:
G.A.
Court No. - 66
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Samarth Krishna, Advocate, holding brief of Sri Sandeep Saxena, learned counsel for the applicant in Application U/S 482 No.37219 of 2024, Sri Samarth Krishna, learned counsel for the applicants in Application U/S 482 No.37350 of 2024, Sri Devendra Nath Mishra, learned counsel for the State in both the matters and perused the records. Sri Ajay Kumar Mishra, learned counsel for the opposite party no. 2 in Application U/S 482 No.37219 of 2024 is not present even in the revised list.
3. The present application under Section 482 Cr.P.C. No.37219 of 2024 has been filed with the following prayers:-
"It is therefore, most respectfully prayed that the Hon'ble Court may kindly be pleased to quash the Summoning order dated 25.09.2024 passed by ACJM-III, Amroha in Case Crime no 144/2024 as well as Charge sheet No. 01 dated 03.07.2024 registered as Case Crime No. 144 of 2024 (State of U.P. vs Qadir Ali Khan and another) U/s 498A, 323, 504, 506 IPC, section 3/4 of the Prohibition of Dowry Act and section 3/4 of the Muslim Women Act, 2019 P.S. Said nagli, District Amroha, pending in the court of A.C.J.M. III -Amroha and further be pleased to stay the further proceedings of Case Crime no 144/2024 (State of U.P. vs Qadir Ali Khan and Anr) U/s 498A, 323, 504, 506 IPC, section 3/4 of the Prohibition of Dowry Act and section 3/4 of the Muslim Women Act, 2019 P.S. Said nagli, District Amroha, pending in the court of A.C.J.M. III-Amroha or pass such other further order which this Hon'ble Court may deem fit and proper, otherwise the applicants shall suffer irreparable loss and injury."
4. The present application under Section 482 Cr.P.C. No.37350 of 2024 has been filed with the following prayers:-
"It is therefore, most respectfully prayed that the Hon'ble Court may kindly be pleased to quash the Summoning order dated 25.09.2024 passed by ACJM-III, Amroha in Case Crime no 144/2024 as well as Charge sheet No. 01 dated 03.07.2024 registered as Case Crime No. 144 of 2024 (State of U.P. vs Qadir Ali Khan and another) U/s 498A, 323, 504, 506 IPC, section 3/4 of the Prohibition of Dowry Act and section 3/4 of the Muslim Women Act, 2019 P.S. Said nagli, District Amroha, pending in the court of A.C.J.M. III -Amroha and further be pleased to stay the further proceedings of Case Crime no 144/2024 (State of U.P. vs Qadir Ali Khan and Anr) U/s 498A, 323, 504, 506 IPC, section 3/4 of the Prohibition of Dowry Act and section 3/4 of the Muslim Women Act, 2019 P.S. Said nagli, District Amroha, pending in the court of A.C.J.M. III-Amroha or pass such other further order which this Hon'ble Court may deem fit and proper, otherwise the applicants shall suffer irreparable loss and injury."
5. The both matters were referred to the Mediation Centre of this Court vide order dated 12.12.2024 for making an effort between the parties for settling their disputes amicably.
6. As per report of Mediation Centre dated 21.3.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement.
7. As per the office report dated 8.7.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.
8. Learned counsel for the applicants argued that it is common ground between the parties that the parties have settled the dispute amicably and therefore the impugned proceedings be quashed on the ground of settlement arrived at between the parties before the Mediation and Conciliation Centre of this Court.
9. Learned counsel for the opposite party no. 2 has no objection to the same.
10. 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 21.3.2025 between the parties subject to the terms and conditions mentioned therein 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(Dha) of the said mediation report.
11. 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.
12. 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 impugned summoning order and charge sheet as prayed for by the applicant(s).
13. The present application is allowed.
14. The the impugned summoning order and charge sheet as prayed for by the applicants are hereby quashed.
(Samit Gopal,J.) October 9, 2025 Naresh