Smt Krishna Kumari and 5 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 16716 of 2023 Applicant :- Smt Krishna Kumari And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Raj Counsel for Opposite Party :- G.A.,Ramsagar Yadav Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Brij Raj, learned counsel for the applicants, Sri Ramsagar Yadav, learned counsel for the opposite party no.2, Sri Ram Prakash Shukla, learned counsel for the State and perused the records.

¶3The present application under Section 482 Cr.P.C. has been filed by the applicants Smt Krishna Kumari, Smt. Manju Sharma, Smt. Neelam Singh, Krishna Murari Sharma @ Bambam Sharma, Umesh Singh and Sushil Kumar Sharma with the following prayers: "It is therefore most respectfully prayed that this Hon'ble court may please to allow this application and quash the Charge sheet 01, dated dated 13.03.2023 and also order dated

31.03.2023 by which the learned trial court took cognizance after registration of case against applicants under section 498A, 506 & 376 IPC, in Crime no.-0132/2022, Police Station-Chitaipur, District-Varanasi, and also entire criminal proceeding, and or pass such other and further order as this Hon'ble court deems fit and proper under the circumstances of case. It is further prayed that during the pendency of this application before this Hon'ble Court the further proceeding under section 498A, 506 & 376 IPC, in Crime no.-0132/2022, Police Station-Chitaipur, District-Varanasi, pending in the court of Additional Chief Judicial Magistrate, VII, Varanasi, be stayed, failing which applicants shall suffer irreparable loss."

¶4The matter was referred to the Mediation Centre of this Court vide order dated 07.06.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per the office report dated 17.11.2023, a report from the Mediation Centre of this Court is on record.

¶6As per report of Mediation Centre dated 07.10.2023 the parties have entered into settlement dated 07.10.2023 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

07.10.2023 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 criminal proceedings, Charge sheet 01, dated dated 13.03.2023 and also order dated 31.03.2023 passed in the aforesaid case are hereby quashed. Order Date :- 17.11.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad