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2025 DAILYLAW 202684 (ALL)

RADHESHYAM AND 5 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/11912/2023 · 2025-10-28

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 11912 of 2023 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the opposite party and perused the record. 2. In pursuance of the order passed by this Court, Mediation Centre has given report on 30.05.2024 which is on record, which shows that mediation has been successful between the parties. 3. This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 06.11.2023 passed by Sessions Judge, Balrampur in Criminal Revision No.65 of 2023, (Radheyshyam and ors vs. State of U.P. and anor) and impugned order dated 06.07.2023 passed by Additional Civil Judge, (Junior Division/Judicial Magistrate), Utraula, Balrampur in Complaint Case No.382 of 2023 (Santosh Kumari vs. Radheyshyam and ors) under Sections 498A, 323 IPC, and Section 4 D.P. Act, District Balrampur on the basis of mediation held between the parties. 4. In pursuance of the order passed by this court, parties appeared before the Mediation Center of this Court and they have arrived at a settlement/agreement. The parties have agreed to withdraw all the civil and criminal cases lodged against each other. The settlement/ agreement dated 30.05.2024 is on record. On the basis of settlement/agreement, the mediation has remained successful and the report of the Mediator dated 30.05.2024 is also on record. It is thus submitted by the parties that the dispute between parties has been amicably settled regarding both the criminal cases by way of settlement agreement/compromise. 5. Learned counsel for the parties submit that since the dispute between the parties have been amicably settled by way of mediation and they have agreed Versus Counsel for Applicant(s) : Santosh Kumar Tripathi Counsel for Opposite Party(s) : G.A., Sushil Kumar Verma Radheshyam And 5 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) upon the settlement agreement and in respect of the same the report of the Mediator is also on record, hence, in view of the law laid down by the Supreme Court in the case of "Gian Singh Vs State of Punjab, 2012 AIR SCW 5333 ; B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466, the proceedings impugned are liable to be quashed. 6. 6. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation before this Court, therefore, no useful purpose would be served in proceeding with the matter further. 7. For the discussions made above, the present application is allowed and the entire proceedings of impugned order dated 06.11.2023 passed by Sessions Judge, Balrampur in Criminal Revision No.65 of 2023, (Radheyshyam and ors vs. State of U.P. and anor) and impugned order dated 06.07.2023 passed by Additional Civil Judge, (Junior Division/Judicial Magistrate), Utraula, Balrampur in Complaint Case No.382 of 2023 (Santosh Kumari vs. Radheyshyam and ors) under Sections 498A, 323 IPC, and Section 4 D.P. Act, District Balrampur on the basis of mediation/settlement arrived at between the parties before this Court are hereby, quashed. 8. Office is directed to communicate this order to trial court forthwith. October 28, 2025 Pks A482 No. 11912 of 2023 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench