Smt. Nirmesh Sharma and 5 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 25308 of 2023 Applicant :- Smt. Nirmesh Sharma And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Gupta Counsel for Opposite Party :- G.A.,Kaustubh Tripathi,Manjari Shukla Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Rakesh Kumar Gupta, learned counsel for the applicants, Sri Virendra Pratap Singh, learned counsel for the State and perused the records. Sri Kaustubh Tripathi and Ms. Manjari Shukla, 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 Smt. Nirmesh Sharma, Smt. Priyanka Sharma, Yogesh Sharma, Smt. Pinki @ Varsha, Kuldeep Sharma @ Puneet Sharma and Amit Sharma with the following prayers: "It is, therefore, MOST RESPECTFULLY PRAYED that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet dated 25.02.2023 as well as Summoning Order Dated

09.06.2023, in Case No. 48863/9/23 as well as Case Crime No. 1192 of 2022, Under Sections 498-A, 323, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station-Kavi Nagar, District-Ghaziabad, Pending in the Court of Chief Judicial Magistrate, Ghaziabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings, In Case No. 48863/9/23 as well as Case Crime No. 1192 of 2022, Under Sections 498-A, 323, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station-Kavi Nagar, District-Ghaziabad, pending in the Court of Chief Judicial Magistrate. And/or to pass such other and further order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer an irreparable loss and injury."

¶4The matter was referred to the Mediation Centre of this Court vide order dated 24.07.2023 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 13.10.2023 the parties have entered into an interim settlement dated 22.09.2023 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

13.10.2023 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-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 charge sheet dated 25.02.2023 as well as summoning order dated 09.06.2023 passed in the aforesaid case are hereby quashed. Order Date :- 17.11.2023/M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad