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2025 DAILYLAW 15283 (ALL)

MOH. HANEEF AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/8800/2023 · 2025-04-07

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:51796 Court No. - 75 Case :- APPLICATION U/S 482 No. - 8800 of 2023 Applicant :- Moh. Haneef And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Santosh Kumar Tiwari, learned counsel for the applicants and Sri Rajeev Kumar Sonkar, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding/charge sheet dated 24.06.2020 in Criminal Case No. 8569 of 2020 in Case Crime No. 50 of 2020 under section 323, 452, 504 I.P.C., Police Station- Civil Line, District- Moradabad, pending in the court of learned Chief Judicial Magistrate, District- Moradabad, as well as summoning order dated 10.09.2020. 3. Facts giving rise to the present controversy is that sister of applicant no. 3 has filed a Complaint Case No. 823 of 2019 u/s 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act before the court of Judicial Magistrate- Ist, Shahjahanpur against opposite party no. 2. The opposite party no. 2 had challenged the proceeding of that complaint case through Application U/S 482 No. 28860 of 2022 wherein the matter was referred to Mediation Centre, High Court, Allahabad and the parties appeared before the Mediation Centre and settled their dispute and a settlement agreement dated 29.04.2023 was also entered into. On the basis of settlement agreement, the proceeding of Complaint Case No. 823 of 2019 filed against the opposite party no. 2 has been quashed by the Court vide order dated 18.05.2023 in Application U/S 482 No. 28860 of 2022. From the perusal of order dated 18.05.2023 which has been annexed at page 7 of the supplementary affidavit, it is clear that the relevant extract of the settlement agreement dated 29.04.2023 has been quoted therein which shows that parties have decided to withdraw the cases filed against each other. The impugned proceeding has been initiated on the basis of F.I.R. lodged by opposite party no. 2 against the applicants. 4. As the parties have already settled their dispute outside through settlement agreement dated 29.04.2023 entered into between the parties before the Mediation Centre, High Court, Allahabad, wherein parties have decided to withdraw the cases filed against each other, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 5. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 29.04.2023, the proceeding of the aforesaid case is hereby quashed. 6. The present petition is, accordingly, allowed. Order Date :- 8.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad