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2025 DAILYLAW 189229 (ALL)

ZOHARA KHATOON AND 6 OTHERS v. State of U.P. AND ANOTHER

A482/22238/2024 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 22238 of 2024 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Gobardhan Prasad, learned counsel for the applicants, Sri Arvind Singh Sengar, learned counsel for the opposite party no.2 and Sri Ram Prakash Shukla, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants Zohara Khatoon, Aslam Parvez, Jahid Parvez Ansari, Rashid @ Saif Ansari, Rijwana, Nafeesa and Shahid Parvez @ Shahid Ansari with the prayer to quash the order of cognizance dated 02.03.2024 and charge sheet dated 05.01.2024 in Case No. 6850 of 2024 (State Vs. Shahid Parvez and others) arising out of Case Crime No. 0009 of 2023, under Sections 323, 498-A IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Ballia and with the further prayer to stay the entire proceedings of aforesaid case, during the pendency of present application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 15.07.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 01.03.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 07.12.2024. 6. As per the office report dated 22.07.2025 a report from the Mediation Versus Counsel for Applicant(s) : Gobardhan Prasad, Meraj Khan Counsel for Opposite Party(s) : Arvind Singh Sengar, G.A. Zohara Khatoon And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Centre of this Court is on record. 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 01.03.2025 between the parties subject to the terms and conditions mentioned therein 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 para 7-e of the said mediation report. 8. Learned counsel for the State has no objection to the said proposition. 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. 9. 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). 10. The present application is allowed. 11. The cognizance dated 02.03.2024 and charge sheet dated 05.01.2024 passed in the aforesaid case are hereby quashed. October 15, 2025 M. ARIF A482 No. 22238 of 2024 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad