Arshad @ Nazim and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 3267 of 2023 Applicant :- Arshad @ Nazim And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ali Hasan,Mohammad Alishah Faruqi,Mohd. Suhail Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Sri. Mohd. Suhail, learned counsel for the applicants, Sri Nirmal Pandey, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with prayer to quash the criminal proceedings in Crime No. 742 of 2020, under Sections 498-A, 323, 504, 506 of IPC and 3/4 of D.P. Act, P.S. Thakurganj, Lucknow pending before the Court of ACJM CBI (A.P.), Lucknow. Learned counsel appearing for the applicants submits that vide order dated 29.05.2023, the matter was referred to the Mediation and Conciliation Centre of this Court, wherein, both the parties appeared and they have settled their dispute amicably. He next added that the settlement agreement has also been executed between the parties and all the parties signed over there. Adding his argument he submits that now there is no dispute in between the parties and further criminal proceedings would be futile exercise and amount to harassment of the applicant and thus, submission is that the criminal proceedings against the present applicant may be quashed. Learned counsel for the State has also supported the version of learned counsel for the applicants and submits that now there is no grievance remains in between the parties, therefore the criminal proceedings against the present applicants may be dropped. Considering the submissions of learned counsels for the parties, it transpires that there was certain dispute in between the present applicants and opposite party no. 2, thereafter, they sat together and have settled their dispute before the Mediation and Conciliation Centre and that too has been reduced in writing as settlement agreement dated 09.10.2023. This Court further noticed the fact that the Mediation Center has also sent its report dated 09.10.2023 whereby it has been reported that Mediation is successful and completed. A copy of the settlement agreement dated 09.10.2023 has also been enclosed along with the report of the Mediator. Resultantly, the criminal proceedings Crime No. 742 of 2020, under Sections 498-A, 323, 504, 506 of IPC and 3/4 of D.P. Act, P.S. Thakurganj, Lucknow are hereby quashed. It is directed that the rest of the amount, amounting Rs. 15,000/- out of Rs. 40,000/- shall be disbursed to the applicant, namely, Arshad @ Nazim forthwith. The settlement agreement dated 09.10.2023 shall be the part of this order. Consequences to be followed. The application is allowed accordingly. Consigned to record. Order Date :- 1.11.2023 Anurag High Court of Judicature at Allahabad, Lucknow Bench