Abhinav and Another v. State of U.P. and Another

Court No. - 69 Case :- APPLICATION U/S 482 No. - 43299 of 2022 Applicant :- Abhinav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Anand Moham Pandey, Advocate holding brief of Sri Puneet Kumar Shukla, learned counsel for the applicants and 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-Abhinav and Ashwani with the prayer to allow the present application and quash the charge-sheet dated 16.01.2020 in Case No. 2874 of 2020 (State Vs. Abhinav and another) arising out of Case Crime No. 0423 of 2019, under Sections 498-A, 354-A, 376 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Noorpur, District Bijnor, pending in the Court of Chief Judicial Magistrate, Bijnor. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case, during the pendency of present application.

¶4The matter was referred to the Mediation Centre of this Court vide order dated

14.02.2023 for making an effort between the parties for settling their disputes amicably.

¶5As per report of Mediation Centre dated 01.10.2023 the parties have entered into settlement dated 01.10.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶6As per the office report dated 17.11.2023 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 01.10.2023 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 (e) 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 applicants.

¶10The present application is allowed.

¶11The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed. Order Date :- 17.11.2023 AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad