Ayyub Amin Mustafa v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 12615 of 2023 Applicant :- Ayyub Amin Mustafa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Ahmed Faizan,Syed Mohd Taqi Abdi Counsel for Opposite Party :- G.A.,Sarvesh Kumar Dubey Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Syed Ahmed Faizan and Sri Syed Mohd Taqi Abdi learned counsel for the applicant, Sri Sarvesh Kumar Dubey, learned counsel for the opposite party nos.2 and 3, Sri Ram Prakash Shukla, learned A.G.A for the State and perused the records.

¶3The present application under Section 482 Cr.P.C. has been filed by the applicant Ayyub Amin Mustafa with the prayer to allow the present application and quash the order dated 22.2.2023 in Case No.4167 of 2021 (State Vs. Ayyub Amin Mustafa, arising out of Case Crime No.299 of 2021, under Sections 498-A, 323, 506 IPC and Section 3/4 of D.P. Act, Police Station Chhibramau, District Kannauj passed by A.C.J.M., Chhibramau, District Kannauj as well as NBW dated 22.2.2023 pending in the Court of Additional Chief Judicial Magistrate, Chhibramau, District Kannauj. 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.

¶4The matter was referred to the Mediation Centre of this Court vide order dated 18.5.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per report of Mediation Centre dated 13.7.2023, the parties have entered into an settlement dated 13.7.2023 in view of interim settlement dated 1.6.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶6As per the office report a report from the Mediation Centre of this Court is on record.

¶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

13.7.2023 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.

¶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 applicants.

¶10The present application is allowed.

¶11The proceedings of the present case as well as the impugned order in the aforesaid case are hereby quashed.

¶12However the Family Court concern is directed to expedite the hearing of the case pending before it and decide the same within 45 days from the date of production of certified copy of this order.

¶13Office is directed to communicate this order to the concerned court within two weeks from today. (Samit Gopal, J.) Order Date :- 6.11.2023 Gaurav Kuls High Court of Judicature at Allahabad