PRAMOD VISHWAKARMA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/15840/2024 · 2025-02-06
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[ 2025 DAILYLAW 189431 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189431 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18279 Court No. - 78 Case :- APPLICATION U/S 482 No. - 15840 of 2024 Applicant :- Pramod Vishwakarma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Yadav,Ram Janam Shahi Counsel for Opposite Party :- Ajeet Singh,Anil Kumar Yadav,G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Vijay Singh Sachan holding brief of Sri Ram Janam Shahi, learned counsel for the applicants, B.P. Singh, learned counsel for the State and perused the records. Sri Ajeet Singh and Sri Anil Kumar Yadav, learned counsels for the private respondent are not present even when the matter has been taken up in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Pramod Vishwakarma, Manoj Vishwakarma, Gayatri Devi, Neelam Devi and Sonu Vishwakarma with the prayer to allow the present application and quash the entire proceedings of Complaint Case No. 224165 of 2022, under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Shivpur, District Varanasi pending in the court of Additional Chief Judicial Magistrate, Court No.7, Varanasi as well as summoning order dated 05.03.2024 passed by Additional Chief Judicial Magistrate, Court No.7, Varanasi and with the further prayer to stay the further 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 28.5.2024 for making an effort between the parties for settling their disputes amicably. The dispute between the parties is matrimonial in nature. 5. As per the office report dated 6.2.2025, a report from the Mediation Centre of this Court is on record. 6.As per report of Mediation Centre dated 22.09.2024, the parties have amicably settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court concerned and the same is registered as Divorce Petition No.1677 of 2024 and further agreed
to withdraw the cases going on between them. 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 between the parties 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 (d) of the said mediation report. 8. Learned counsel for the State has no objection to the said proposition. 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 present application is allowed. 12. The entire proceedings of the aforesaid case as well as summoning order passed in the aforesaid case are hereby quashed. 13. The applicants are directed to file this order before the concerned family court within two weeks. 14. Office is also directed to communicate this order to the concerned family court within the said period for its compliance and necessary action. 15. However, it is provided that the Family Court, Kanpur Nagar shall decide the petition 13-B of the Hindu Marriage Act filed
between the parties, by fixing early date/expediting the same.
The parties shall be at liberty to file certified copy of this order before the Family Court concerned which shall then proceed with the matter by fixing an early date and make an endeavour to conclude the same within 45 days of filing of the certified copy of this order. (Samit Gopal, J.) Order Date :- 7.2.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad