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2025 DAILYLAW 18353 (ALL)

RAVIKANT SONI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/10022/2021 · 2025-05-07

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75086 Court No. - 64 Case :- APPLICATION U/S 482 No. - 10022 of 2021 Applicant :- Ravikant Soni And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramji Singh Patel,Vikash Kumar Counsel for Opposite Party :- Anurag Vajpeyi,G.A.,Praveen Kumar Singh Hon'ble Samit Gopal,J. 1. List revised. 2. The office has placed an e-mail dated 7.5.2025 sent to Registrar General of this Court by Sri Saurabh Tiwari, Advocate stating that he shall be appearing in the present matter through video conferencing and he is the arguing counsel in the matter. Despite several attempts to connect him on video conferencing, he could not be connected. 3. Sri Vikash Kumar, Advocate, learned counsel for the applicants, Sri Praveen Kumar Singh, learned counsel for the opposite party no.2, Sri Ajay Singh, learned AGA-I for the State are present before the Court who have been heard and records perused. 4. Although Saurabh Tiwari, Advocate has not connected through video conferencing despite his request but Sri Vikash Kumar, Advocate submits that since he is present and he is also a counsel appearing in the matter, the Court may proceed to hear the matter. 5. The present application under Section 482 Cr.P.C. has been filed by the applicants-Ravikant Soni, Smt. Manorama Devi, Srikant Soni and Km. Namrata with the prayer to quash the charge sheet dated 26.9.2020, cognizance-cum-summoning order dated 8.12.2020 as well as entire proceeding of Case No. 23841 of 2020 (State Vs. Ravikant Soni and Others) arising out of Case Crime No. 05 of 2020 u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station- Kotwali, District- Varanasi and further with the prayer to stay the further proceedings of the aforesaid case during the pendency of this application. 6. Learned counsel for the applicants submits that a compromise between the parties was referred for verification vide order dated 2.12.2024 passed by coordinate Bench of this Court which has been duly verified by the court concerned on 23.12.2024 and a report to the said effect has been sent by the court concerned, as such the compromise entered between the parties is duly verified and the proceedings of the present matter be quashed. Learned counsel for the applicants further submits that the case under Section 13-B of the Hindu Marriage Act being Marriage Petition No.1143 of 2021 (Ravi Kant Soni Vs. Soniya Singh) has been decided vide order dated 7.5.2022 passed by Principal Judge, Family Court, Varanasi and the marriage between the said two persons has been dissolved, certified copy of the said judgement and order has been placed before the Court which is annexed as S.A-5 to the supplementary affidavit dated 10.4.2024. 7. Learned counsel for the opposite party no.2 as well as learned counsel for the State admitted the fact of compromise and the fact that marriage between the applicant no.1 and opposite party no.2 has been dissolved and stated that they have no objection if the proceeding of the aforesaid case is quashed against the applicants. 8. From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably, the said compromise has been also been verified by the trial court. 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 proceedings as prayed for by the applicant(s). 11. The charge sheet, cognizance-cum-summoning as well as entire proceedings of the aforesaid case are hereby quashed. 12. The present application is allowed. (Samit Gopal, J.) Order Date :- 8.5.2025/Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad