Akhilesh and 2 Others v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 19631 of 2023 Applicant :- Akhilesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh K.S. Chaudhary Counsel for Opposite Party :- G.A.,Ulajhan Singh Bind Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Rajesh K.S. Chaudhary, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A-1 for the State and perused the records. Sri Ulajhan Singh Bind, learned counsel for the opposite party no.2 is 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 Akhilesh, Pushpendra and Sahab Singh with the following prayers: "It is, therefore, most respectfully this Hon'ble Court may kindly be pleased to allow the application and quash the entire proceeding of Criminal Case no. 1733 of 2022 Under Section 406,506 and 420 IPC pending before Learned Judicial Magistrate Iglas, Aligarh against the applicant as well as this Hon'ble Court Quash the Charge Sheet dated 25.08.2022 submitted by the I.O. against the applicants under section 406,506 and 420 IPC PS Iglas District Aligarh in pursuance of the FIR dated 04.08.2022 bearing Case Crime no. 409 of 2022 lodged by the Jagdish Prasad (OP No.2) and It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case no. 1733 of 2022 Under Section 406,506 and 420 IPC pending before Learned Judicial Magistrate Iglas, Aligarh against the applicant as well as this Hon'ble Court to stay the operation and effect of the Charge sheet dated 25.08.2022 submitted by the I.O. against the applicants under section 406,506 and 420 IPC PS Iglas District Aligarh in pursuance of the FIR dated

04.08.2022 bearing Case Crime no. 409 of 2022 lodged by the Jagdish Prasad (OP No.2) during the pendency of the present criminal misc application before this Hon'ble Court. Otherwise the applicants shall suffer irreparable loss and injury which cannot compensated in any terms in future. And for pass such other and further order which this Hon'ble court may deems fit and proper in the circumstances of the case."

¶4The matter was referred to the Mediation Centre of this Court vide order dated 22.06.2023 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 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 6-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 as well as charge Sheet as well as of the aforesaid case are hereby quashed. Order Date :- 17.11.2023/M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad