Allahabad High Court
Suhel Khan And 3 Others vs State Of U.P. And Another on 28 August, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:173937 Court No. - 69 Case :- APPLICATION U/S 482 No. - 5657 of 2023 Applicant :- Suhel Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Samiuzzaman Khan,Obaidur Rahman Khan Counsel for Opposite Party :- G.A.,Vijay Kumar Rai Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Obaidur Rahman Khan, learned counsel for the applicants, Sri Bade Lal Bind, learned counsel for the State and perused the records. Sri Vijay Kumar Rai, learned counsel for the private respondent is not present.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Suhel Khan, Shoyeb Khan, Jahan Aara and Mobin Khan with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 19.08.2022 & summoning order dated 20.12.2022 in Case No. 5788 of 2022 (State Vs. Suhel) arising out of Case Crime No. 0228 of 2022, under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Phoolpur, District Azamgarh, pending in the Court of Fast Track Court (Crime Against Women), District Azamgarh. 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 14.03.2023 for making an effort between the parties for settling their disputes amicably.
5. As per report of Mediation Centre dated 05.08.2023 the parties have entered into settlement dated 05.08.2023 in view of Interim Settlement dated 22.07.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.
6. As per the office report dated 26.08.2023 a report from the Mediation Centre of this Court is on record.
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 05.08.2023 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 (e) of the said mediation report.
8. 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.
9. 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.
10. The present application is allowed.
11. The proceedings of the present case as well as the summoning order/charge sheet in the aforesaid case are hereby quashed.
Order Date :- 28.8.2023 AS Rathore (Samit Gopal,J.)