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2024 DAILYLAW 3120 (ALL)

RAHUL KHEWRA AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/37660/2024 · 2026-05-06

Samit Gopal

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 37660 of 2024 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Amit Rai, Advocate holding brief of Sri Vikas Sharma, learned counsel for the applicants, Sri Paritosh Joshi, Advocate holding brief of Sri Nipun Singh, 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 Rahul Khewra, Sudesh, Prabhuram and Devendra, with the prayer to quash the charge sheet no. 66/2024 dated 06.04.2024 and cognizance as well as summoning order dated 16.05.2024 in Case No. 9900 of 2024 (State Vs. Rahul Kherwa and others) in Case Crime No. 322/2023, under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act, Police Station Bhopa, District Muzaffar Nagar, pending before the court of learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.1, Muzaffar Nagar and all consequential proceedings 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 02.04.2025 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 23.09.2025 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 26.08.2025. 6. As per the office report dated 15.04.2026, 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 that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 23.09.2025 between the parties and Versus Counsel for Applicant(s) : Vikas Sharma Counsel for Opposite Party(s) : G.A., Nipun Singh Rahul Khewra And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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(h) of the said mediation report. 8. 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 concerned. 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, Muzaffar Nagar. He prayed that a direction for expeditious disposal of the same be given. 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 no. 66/2024 dated 06.04.2024 and cognizance as well as summoning order dated 16.05.2024 along with all consequential proceedings passed in the aforesaid case are hereby quashed. 14. However, the Principal Judge, Family Court, Muzaffar Nagar 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 7, 2026 M. ARIF A482 No. 37660 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