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2025 DAILYLAW 169763 (ALL)

SMT. RASHMI RASTOGI AND 3 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME, LKO. AND ANOTHER

A482/11407/2024 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 11407 of 2024 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Rajiva Dubey, learned counsel for opposite party no. 2 and perused the material placed on record. Instant application has been filed with prayer to set aside the order dated 19.01.2023 passed by the learned Chief Judicial Magistrate Kheri in Discharge Application filed by the petitioner in Case no. 7217 of 2013 under section 147,504,506 of IPC Police Station Kotwali District Lakhimpur Kheri. Learned counsel appearing for the applicants submits that vide order dated 30.01.2025, the matter was referred to the Mediation and Conciliation Centre of this Court, wherein, both the parties appeared and they have settled their dispute amicably. He next added that the settlement agreement has also been executed between the parties and all the parties signed over there. Adding his argument he submits that now there is no dispute in between the parties and further criminal proceedings would be futile exercise and amount to harassment of the applicant and thus, submission is that the criminal proceedings against the present applicant may be quashed. Learned counsel appearing for the opposite party no. 2 has also supported the version of learned counsel for the applicants and submits that now there is no grievance remains in between the parties, therefore the criminal Versus Counsel for Applicant(s) : Suresh Chandra Verma, Praveen Kumar Singh Counsel for Opposite Party(s) : G.A., Rajiva Dubey Smt. Rashmi Rastogi And 3 Others .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home, Lko. And Another .....Opposite Party(s) proceedings against the present applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Considering the submissions of learned counsels for the parties, it transpires that there was certain dispute in between the present applicants and opposite party no. 2, thereafter, they sat together and have settled their dispute before the Mediation and Conciliation Centre and that too has been reduced in writing as settlement agreement dated 28.08.2025. This Court further noticed the fact that the Mediation Center has also sent its report dated 28.08.2025 whereby it has been reported that Mediation is successful and completed. A copy of the settlement agreement dated 28.08.2025 has also been enclosed along with the report of the Mediator. Resultantly, the entire criminal proceedings of Case no. 7217 of 2013 under section 147,504,506 of IPC Police Station Kotwali District Lakhimpur Kheri, are hereby quashed. The settlement agreement dated 28.08.2025 shall be the part of this order. The application is allowed accordingly. Consequences to be followed. Consigned to record. September 26, 2025 Mayank A482 No. 11407 of 2024 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench