DINESH ALIAS VINOD KUMAR AND 6 OTHERS v. STATE OF U.P.AND ANOTHER
A482/41982/2024 · 2026-05-04
Samit Gopal
body2024
DailyLaw.ai
[ 2024 DAILYLAW 3072 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 3072 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 41982 of 2024 Court No. - 75 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Sri Rahul Pandey, Advocate, holding brief of Sri Ajay Kumar Pathak, learned counsel for the applicants, Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. Sri Raghvendra Singh, learned counsel for the opposite party no. 2 is not present even in the revised list. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants- Dinesh@Vinod Kumar, Smt. Goma Devi, Mukesh Kumar, Smt. Mamta Devi, Umesh Kumar, Mahesh Kumar, Guru Upadhyay, with the prayer to quash the entire proceedings of complaint case no. 427 of 2022, Niresh Devi vs. Dinesh @ Vinod Kumar and others, under Sections 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, P.S.- Amanpur, District Kasganj, pending in the court of Judicial Magistrate, Kasganj, as well as summoning order dated 17.8.2022 passed by Judicial Magistrate, Kasganj with the further prayer to stay the further proceedings of the said case during pendency of this application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 08.5.2025, 24.1.2025 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 14.08.2025 the parties have Versus Counsel for Applicant(s) : Ajay Kumar Pathak Counsel for Opposite Party(s) : G.A., Raghvendra Singh Dinesh Alias Vinod Kumar And 6 Others .....Applicant(s) State Of U.P.And Another .....Opposite Party(s)
amicably settled their dispute and further agreed to withdraw the cases going on between them. 7. As per the office report dated 27.4.2026 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 8. Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and therefore the impugned proceedings/charge sheet be quashed on the ground of settlement arrived at between the parties. 9. Learned counsel for the applicants states that a case under Section 13 B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Kasganj as Marriage Petition No. 382/2025.
Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court concerned. He prayed that a direction for expeditious disposal of the same be given. 10. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 11. From 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 14.08.2025 between the parties subject to the terms and conditions mentioned therein 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(छ) of the said mediation report. 12. The 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 A482 No. 41982 of 2024 2
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. 13.
From 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/summoning order as prayed for by the applicants. 14. The present application is allowed. 15. The impugned summoning and proceedings of the aforesaid case are hereby quashed. 16. However the Principal Judge, Family Court, Kasganj is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order. May 5, 2026 Naresh A482 No. 41982 of 2024 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad