Sandeep Kumar Pandey and 5 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 26782 of 2023 Applicant :- Sandeep Kumar Pandey And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A.,Vipin Kumar Singh Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Aniruddh Patel, Advocate, holding brief of Sri Santosh Kr. Singh Paliwal, learned counsel for the applicants, Sri Vipin Kumar Singh, learned counsel for the opposite party no.2, Sri Ajay Singh, learned A.G.A-1 for the State and perused the records.

¶3The present application under Section 482 Cr.P.C. has been filed by the applicants Sandeep Kumar Pandey, Triveni Prasad Pandey, Santosh Kumari Pandey, Aparna Pandey, Deepak Pandey and Anshu Pandey with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and quash the entire proceedings in Criminal Case No. 21823/2020 (State Vs. Sandeep Pandey & Others) arising out of Case Crime No. 103 of 2019, under sections 498-A, 323, 504, 506, 354 I.P.C. and sections 3/4 D.P. Act, Police Station-Chhawani, District-Kanpur Nagar, pending before Additional Civil Judge (J.D.), Court No. 8, Kanpur Nagar. It is further prayed that this Hon'ble Court may graciously be pleased to stay the operation and effect of the Cognizance/Summoning Order Dated-31.10.2020 passed by Special Chief Judicial Magistrate, Kanpur Nagar in Criminal Case No. 21823/2020 (State Vs. Sandeep Pandey & Others) arising out of Case Crime No. 103 of 2019, under sections 498-A, 323, 504, 506, 354 I.P.C. and sections 3/4 D.P.Act, Police Station-Chhawani, District-Kanpur Nagar, pending before Additional Civil Judge (J.D.), Court No. 8, Kanpur Nagar, during the pendency of the present application, and/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

¶4The matter was referred to the Mediation Centre of this Court vide order dated 26.07.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per the office report dated 16.11.2023, a report from the Mediation Centre of this Court is on record.

¶6As per report of Mediation Centre dated 01.10.2023 the parties have entered into settlement dated 01.10.2023 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

01.10.2023 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-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 entire proceedings of the aforesaid case is hereby quashed. Order Date :- 17.11.2023/M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad