JITENDRA KUMAR YADAV AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/22390/2024 · 2025-10-14
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DailyLaw.ai
[ 2025 DAILYLAW 189320 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189320 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 22390 of 2024 Court No. - 66 HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Ashish Mishra, Advocate holding brief of Sri Rahul Kumar Jadaun, learned counsel for the applicants, Sri Hari Nath Chaubey,
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 Jitendra Kumar Yadav, Ram Gopal and Smt. Uddhawati Devi with the prayer to quash the impugned summoning order dated 07.07.2023 as well as entire proceedings of Complaint Case No. 133 of 2022 (Pinki Yadav Vs. Jitendra Kumar and others), under Sections 323, 498-A, 504 IPC and Section 4 D.P. Act, Police Station Devrahat, District Kanpur Dehat, pending in the Court of Civil Judge/Judicial Magistrate, Bhognipur, Kanpur Dehat and with the further prayer to stay the entire proceedings of aforesaid case, during the pendency of present application. 4. Learned counsel for the applicants submits that the matter was referred to the Mediation Centre of this Court vide order dated 25.09.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 09.04.2025 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
19.03.2025. Versus Counsel for Applicant(s) : Rahul Kumar Jadaun Counsel for Opposite Party(s) : G.A., Hari Nath Chaubey Jitendra Kumar Yadav And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. As per the office report dated 17.07.2025 a report from the Mediation 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 09.04.2025 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 applicants states that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Kanpur Dehat as Matrimonial Case No. 319 of 2025.
Learned counsel assures that the applicant 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 Principal Judge, Family Court, Kanpur Dehat. He prayed that a direction for expeditious disposal of the same be given. 9. Learned counsel for the State has no objection to the said proposition. 10. 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. 11. 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 A482 No. 22390 of 2024 2
powers by this Court to quash the proceedings as prayed for by the applicant(s). 12. The present application is allowed. 13. The entire proceedings as well as summoning order dated 07.07.2023 passed in the aforesaid case is hereby quashed. 14. However, the Principal Judge, Family Court, Kanpur Dehat 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.
October 15, 2025 M. ARIF A482 No. 22390 of 2024 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad