Allahabad High Court
Sohan Singh vs State Of U.P. And Another on 17 August, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 91 Case :- APPLICATION U/S 482 No. - 13089 of 2021 Applicant :- Sohan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A Hon'ble Samit Gopal,J.
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.
(Samit Gopal,J.) Order Date :- 17.8.2022 Naresh