Mohammad Arif Azmi @ Mohammad Arif Azmi Shaikh and 2 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 9012 of 2023 Applicant :- Mohammad Arif Azmi @ Mohammad Arif Azmi Shaikh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abou Sofian Usmani Counsel for Opposite Party :- G.A.,Akhilesh Kumar Tiwari Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri A.S. Usmani, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A-1 for the State and perused the records. Sri Akhilesh Kumar Tiwari, 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 Mohammad Arif Azmi @ Mohammad Arif Azmi Shaikh, Yashmeen @ Yasmeen Bano and Sahnawaz @ Shahnawaz with the prayer to allow the present application and quash the entire proceeding of Case No.91 of 2021, arising out of Case Crime No.252 of 2020, under Section 498-A, 323, 504 IPC and Section 3/4 of D.P. Act and 3/4 Muslim Women (Protetion of Right of Marriage) Act, 2019, Police Station Shahganj, District Jaunpur, charge sheet no.271 of 2020, dated 20.12.2020, cognizance order dated 15.1.2021 and summoning order dated 15.1.2021 pending in the court of Addl. Chief Judicial Magistrate, Court No.II, Jaunpur 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 17.3.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per the office report dated 30.8.2023, a report from the Mediation Centre of this Court is on record.

¶6As per report of Mediation Centre dated 26.9.2023, the parties have entered into a settlement dated 26.9.2023 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(h) 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 entire proceedings of the aforesaid case, Charge Sheet as well as cognizance order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 26.10.2023 Gaurav Kuls High Court of Judicature at Allahabad