ABHISHEK AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/38864/2024 · 2026-05-06
Samit Gopal
body2024
DailyLaw.ai
[ 2024 DAILYLAW 3081 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 3081 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 38864 of 2024 Court No. - 75 HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Santosh Kumar, Advocate holding brief of Sri Yogesh Kumar Srivastava, learned counsel for the applicants, Sri Sushil Kumar,
learned counsel for the opposite party no.2 and Sri V.D. Ojha, learned counsel for the State and perused the records.
3. The present application under Section 528 BNSS/482 Cr.P.C. has been filed by the applicants Abhishek, Virendra Swaroop, Sheela Uttam, Jaya Uttam and Manoj Verma, with the prayer to quash the charge sheet dated 12.05.2023 as well as summoning order dated 14.08.2024 in Case No. 438 of 2024, Case Crime No. 100/2023 (State Vs. Abhishek and others) under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Jahanabad, District Fatehpur, pending in the court of Civil Judge (J.D.)/FTC (Crime against Women), Fatehpur and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.
4. The matter was referred to the Mediation Centre of this Court vide
order dated 21.04.2025 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 29.07.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated
18.07.2025. 6. As per the office report dated 23.08.2025, a report from the Mediation Centre of this Court is on record. 7. From perusal of the report of Mediation Centre of this Court, it appears Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A., Sushil Kumar Abhishek And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 29.07.2025 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 7(f) of the said mediation report. 8. Learned counsel for the opposite party no.2 submits that the entire money has decided between the parties before the Mediation and Conciliation Centre of this Court as per settlement agreement dated 29.07.2025 has been paid by the applicant no.1/husband/Abhishek to the opposite party no.2/wife/Priyanshi. 9. Learned counsel for the State has no objection to the said proposition. 10. 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 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. 11.
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 as prayed for by the applicant(s). 12. The present application is allowed. 13. The charge sheet dated 12.05.2023 as well as summoning order dated 14.08.2024 passed in the aforesaid case are hereby quashed. May 7, 2026 M. ARIF A482 No. 38864 of 2024 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad