Mohd. Rafique and 4 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 10191 of 2023 Applicant :- Mohd. Rafique And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chaudhary Subhash Kumar,Hemant Kumar Srivastava Counsel for Opposite Party :- G.A.,Shashi Dhar Pandey Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Chaudhary Subhash Kumar, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A-1 for the State and perused the records. Sri S.D. Pandey, learned counsel for the opposite party no.2 is not present even when the matter has been taken up in the revised list.

¶3The 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 summoning order dated 22.7.2022 of Complaint Case No.1476 of 2019, under Section 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Line Par, District Firozabad pending in the court of Chief Judicial Magistrate, Firozabad and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

¶4The matter was referred to the Mediation Centre of this Court vide order dated 27.3.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per the office report dated 25.10.2023, a report from the Mediation Centre of this Court is on record.

¶6As per report of Mediation Centre dated 12.9.2023, the parties have entered into a settlement dated 12.9.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶7From 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 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 7(d) of the said mediation report.

¶8The 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.

¶9From 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).

¶10The present application is allowed.

¶11The further proceedings of the aforesaid case as well as Charge Sheet in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 26.10.2023 Gaurav Kuls High Court of Judicature at Allahabad