ABUL KALAM ALIAS ABDUL KALAM ALIAS MOHD. KALAM AND 9 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO. AND ANOTHER
A482/9839/2024 · 2025-02-27
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167100 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167100 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12019 Court No. - 16 Case :- APPLICATION U/S 482 No. - 9839 of 2024 Applicant :- Abul Kalam Alias Abdul Kalam Alias Mohd. Kalam And 9 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Another Counsel for Applicant :- Pankaj Kumar Pandey,Neeraj Mani Tripathi Counsel for Opposite Party :- G.A.,B/W0008,Shivani Rajpoot,Wasim Ahmad Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Wasim Ahmad, learned counsel for respondent no.2.
2. The petition seeks quashing of the entire proceedings of the Complaint Case No.3564 of 2016 (now Complaint Case No.7989 of 2018) "Phool Jahan versus Abul Kalam alias Mohd. Kalam and others" under Section 498-A IPC, P.S. Biswa District Sitapur pending int he court of Additional Civil Judge- II (Senior Division), Sitapur.
3. Learned counsel for the parties submit that matter was referred to the Mediation and Conciliation Centre of this Court vide order dated 25.10.2024. The parties appeared before the Mediation Centre and they have entered into the settlement agreement, the report of mediation is on record. According to the terms of the settlement agreement, the impugned complaint case has also been agreed to be withdrawn/not pressed which finds mention at Clause 7(E)(ii).
5. Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.
6. Learned counsel for the parties submits that in view of the
judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.
7. In view of the fact that the parties have settled their dispute before the mediation centre and the report of mediation centre as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed. Order Date :- 27.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench