Rahul Goswami and 2 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 4803 of 2023 Applicant :- Rahul Goswami And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K. Sinha Counsel for Opposite Party :- G.A.,Mayank Mohan Dutt Mishra,Sudhanshu Pandey Hon'ble Samit Gopal,J.

¶1List revised.

¶2No one appears on behalf of the applicant to press this application u/s 482 Cr.P.C. Sri Kaushalendra Pratap Singh, Advocate holding brief of Sri Sudhanshu Pandey, learned counsel for the opposite party no.2 and Sri Ram Prakash Shukla, learned counsel for the State are present.

¶3The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

¶4The present application under Section 482 Cr.P.C. has been filed by the applicants-Rahul Goswami, Bhupendra Giri and Smt. Sharda Devi, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 30.06.2022 & cognizance/summoning order dated

25.08.2022 in Criminal Case No. 246 of 2022 (State Vs. Rahul and others) arising out of Case Crime No. 0001 of 2022, under Sections 498-A, 323, 506, 406 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Aligarh, pending in the Court of Judicial Magistrate-IIIrd, Aligarh. 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.

¶5The matter was referred to the Mediation Centre of this Court vide order dated

20.02.2023 for making an effort between the parties for settling their disputes amicably.

¶6As per report of Mediation Centre dated 11.10.2023 the parties have entered into settlement dated 11.10.2023 in view of Interim Settlement dated 13.09.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶7As per the office report dated 16.11.2023 a report from the Mediation Centre of this Court is on record.

¶8From 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 11.10.2023 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.

¶9The 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.

¶10From 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.

¶11The present application is allowed.

¶12The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed subject to the applicants depositing Rs. 10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district. Order Date :- 17.11.2023 AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad