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2024 DAILYLAW 3105 (ALL)

ABHAY MISHRA AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/40855/2024 · 2026-05-04

Samit Gopal

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 40855 of 2024 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Chandra Kumar Rai, learned counsel for the applicants, Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. Notice was issued to the opposite party no. 2 vide order dated 20.3.2025. Office vide its report dated 04.05.2026 reported that notice has been served on the opposite party no. 2 through whatsapp. Despite service no one appears on behalf of opposite party no. 2 even in the revised list. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants Abhay Mishra, Mridula Misra, Shailendra Sharma, with the prayer to quash the entire proceeding of Case N.36208 of 2024, including impugned charge sheet dated 18.11.2023, State vs. Mridula Mishra, as well as cognizance and summoning order dated 19.04.2024 pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar (City), arising out of Case Crime No. 465 of 2021, u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S.- Barra, District Kanpur Nagar(City) with the further prayer to stay the further proceedings of said case as well as cognizance and summoning order during the pendency of this application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 11.2.2025/20.3.2025 for making an effort between the parties for settling their disputes amicably. Versus Counsel for Applicant(s) : Chandra Kumar Rai, Girish Kumar Pandey Counsel for Opposite Party(s) : G.A. Abhay Mishra And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. As per report of Mediation Centre dated 17.7.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 7. As per the office report dated 12.03.2026/19.3.2026, 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, cognizance and summoning order be quashed on the ground of settlement arrived at between the parties. It is submitted that the case under Section 13 B of the Hindu Marriage Act has been decided by the court concerned. 9. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 10. 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 17.7.2025 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(f) of the said mediation report. 11. 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. A482 No. 40855 of 2024 2 12. 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, charge sheet, cognizance and summoning order as prayed for by the applicants. 12. The present application is allowed. 13. The impugned proceedings, charge sheet, cognizance and summoning order of the aforesaid case are hereby quashed. May 5, 2026 Naresh A482 No. 40855 of 2024 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad