Parvez Khan and 3 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 13362 of 2022 Applicant :- Parvez Khan And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rekha Pundir,Arjun Singh Yadav,Saurabh Pandey Counsel for Opposite Party :- G.A.,Anurag Pandey,Sudarshan Singh Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Saurya Sharma, Advocate holding brief of Sri Saurabh Pandey, learned counsel for the applicants, Sri Bade Lal Bind, learned counsel for the State and perused the records. Sri Anurag Pandey and Sri Sudarshan Singh, learned counsels for the opposite party no.2 are 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 Parvez Khan, Mukhtiyar Khan, Smt. Zebunisha and Syed Adnan Ali with the prayer to allow the present application and quash the charge sheet No. 01 of 2021 dated

19.06.2021, under Sections 498-A, 354, 323, 506 IPC and Section 3/4 of D.P. Act, Police Station Kotwali, District Moradabad as well as cognizance order passed by Chief Judicial Magistrate, Moradabad on 05.10.2021 and also be pleased to quash the further proceeding of Case No. 9423/21/9, Computer No. 30968 of 2021 (State Vs. Parvez Khan and others), pending in the court of Chief Judicial Magistrate, Moradabad 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 04.07.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per the office report dated 16.10.2023, a report from the Mediation Centre of this Court is on record.

¶6As per report of Mediation Centre dated 19.09.2023 the parties have entered into a settlement dated 19.09.2023 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 dated

19.09.2023 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-e 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, charge sheet No. 01 of 2021 dated 19.06.2021 as well as cognizance order passed in the aforesaid case are hereby quashed. Order Date :- 26.10.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad