Smt Suman and 5 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 24651 of 2023 Applicant :- Smt Suman And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.,Pulkit Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Nirbhay Singh, learned counsel for the applicants, Sri Prakhar Kushwaha, Advocate, holding brief of Sri Pulkit, learned counsel for the opposite party no.2, Sri Ajay Singh, learned AGA-I for the State and perused the records.

¶3The present application under Section 482 Cr.P.C. has been filed by the applicants Smt Suman, Pooran Singh, Anita Singh, Krishna, Dev Shree and Karuva with the following prayers: "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the instant application by quashing the entire proceedings of Criminal Complaint Case No. 706 of 2021, (Arjun Vs. Suman and others), Under Section 323,504,506 I.P.C. against applicant no. 1,3,4,5,6 and under sections 323,504,506,392 I.P.C. Police Station -Kasganj, District-Kasganj, presently pending before the Court of Chief Judicial Magistrate, Kasganj. So that justice be done, otherwise the accused applicants shall suffer irreparable loss and hard injury. May further be pleased to stay the further proceedings of Criminal Complaint Case No. 706 of 2021, (Arjun Vs. Suman and others), Under Section 323,504,506 1.P.C. against applicant no 1,3,4,5,6 and under sections 323,504,506,392 I.P.C., Police Station -Kasganj, District-Kasganj, presently pending before the Court of chief Judicial Magistrate, Kasganj, during the pendency of the instant Criminal Misc. Application (Under Section 482 Cr.P.C.). So that justice be done, otherwise the accused-applicants shall suffer irreparable loss and hard injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper in the present circumstances of the case."

¶4The matter was referred to the Mediation Centre of this Court vide order dated 13.07.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per report of Mediation Centre dated 08.10.2023 the parties have entered into settlement dated 08.10.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶6As per the office report dated 16.11.2023 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

08.10.2023 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-d of the said mediation report.

¶8Learned counsel for the applicants states that a case under Section 13-B of the Hindu Marriage Act is pending before the concerned trial court. He prayed that a direction for expeditious disposal of the same be given.

¶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 entire proceedings of the present case passed in the aforesaid case is hereby quashed.

¶13However the Principal Judge, Family Court, Kasganj is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

¶14Office is directed to communicate this order to the concerned court within two weeks from today. Order Date :- 17.11.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad