OM PRAKASH SINGH CHAUHAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/8988/2023 · 2025-03-05
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15541 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15541 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32784 Court No. - 78 Case :- APPLICATION U/S 482 No. - 8988 of 2023 Applicant :- Om Prakash Singh Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Narayan Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Aditya Narayan Shukla learned counsel for the applicants, Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 14.12.2022 passed by Additional Chief Judicial Magistrate/Civil Judge (Senior Division)F.T.C., Sonbhadra in Complaint Case No. 1245 of 2018 (Radhika vs. Om Prakash Singh Chauhan and others), Police Station Karma, District Sonbhadra. 4. The matter was referred to the Mediation Centre of this Court vide order dated 20.5.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 24.10.2024 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement. 6. As per the office report dated 05.11.2024 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 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 24.10.2024 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 the said
mediation report. 8. Learned counsel for the applicants states that a case under Section 13B of the Hindu Marriage Act is pending before the Family Court concerned as Original Suit No.413 of 2024. 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 family court. He prayed that a direction for expeditious disposal of the same be given. 9.
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. 10. 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 summoning order as prayed for by the applicant(s). 11. The present application is allowed. 12. The impugned summoning order as prayed for by the applicants is hereby quashed. 13. However the concerned Family Court 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 before it. (Samit Gopal, J.) Order Date :- 6.3.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad