Prabhakar Rawat and Others v. State of U.P. Thru. Prin.Secy. Home Deptt. and 3 Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 8336 of 2022 Applicant :- Prabhakar Rawat And Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And 3 Others Counsel for Applicant :- Osama Ahmad Abbasi Counsel for Opposite Party :- G.A.,Radhey Shyam Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants, learned AGA for the State of U.P., learned counsel for the opposite party no. 4 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Criminal Case No.6596 of 2021, (Mansi Mishra vs. Prabhakar Rawat and others), dated 12.11.2021 under Section 12 of Domestic Violence Act, 2005, Police Station-Maal, District-Lucknow, pending in the court of Additional Chief Judicial Magistrate No.4, Lucknow including summoning order dated 12.11.2021.

¶3It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. This court vide order dated 18.11.2022 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 31.10.2023 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para-7 of the settlement agreement dated 31.10.2023.

¶4Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

¶5In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

¶6Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 31.10.2023 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Criminal Case No.6596 of 2021, (Mansi Mishra vs. Prabhakar Rawat and others), dated

12.11.2021 under Section 12 of Domestic Violence Act, 2005, Police Station-Maal, District-Lucknow, pending in the court of Additional Chief Judicial Magistrate No.4, Lucknow including summoning order dated 12.11.2021 are hereby quashed. Order Date :- 30.11.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench