Lokesh Kumar and 4 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 10842 of 2023 Applicant :- Lokesh Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Kumar Counsel for Opposite Party :- G.A.,Yadvendra Singh Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Ajitam Srivastava, holding brief of Sri Nirbhay Kumar, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A-I, for the State.

¶3Sri Yadvendra Singh, learned counsel for the private respondent is not present.

¶4The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to allow the present application and quash the entire proceeding of charge-sheet dated 10.08.2021 as well as cognizance order dated 14.02.2022 in Case No. 831 of 2022 (State Vs. Lokesh Kumar and Others) arising out of Case Crime No. 117 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mirhachi, District Etah, pending in the Court of Chief Judicial Magistrate, Etah. 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.

¶5The matter was referred to the Mediation Centre of this Court vide order dated 17.04.2023 for making an effort between the parties for settling their disputes amicably.

¶6As per report of Mediation Centre dated

27.09.2023 the parties have entered into an settlement dated 27.09.2023 in view of Interim Settlement dated 30.08.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶7As per the ofÏce 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.

¶8From 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 27.09.2023 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

(g) and (h) of the said mediation report.

¶9Learned counsel for the applicants states that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge/Family Court, Etah as Case No. 420 of 2023. 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 Principal Judge/Family Court, Etah. He prayed that a direction for expeditious disposal of the same be given.

¶10The 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.

¶11From 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.

¶12The present application is allowed.

¶13The proceedings of the present case and cognizance order dated 14.02.2022 as well as the charge sheet in the aforesaid case are hereby quashed.

¶14However the Principal Judge/Family Court, Etah is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

¶15OfÏce is directed to communicate this order to the concerned court within two weeks from today. Order Date :- 26.10.2023 Vikram (Samit Gopal,J.) High Court of Judicature at Allahabad