Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:138000 Court No. - 64 Case :- APPLICATION U/S 482 No. - 5306 of 2024 Applicant :- Mudit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raza Abbas,Syed Ali Murtaza Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Raza Abbas, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicant Mudit with the prayer to allow the present application and quash the impugned summoning order dated 18.3.2023 and entire proceeding of complaint case No. 11503 of 2019, under Sections 498-A, 323 I.P.C., pending in the court of the learned Additional Judge (J.D.), Court No.7/Judicial Magistrate Agra 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 15.4.2024 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 17.2.2025, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 16.10.2024, the parties have entered into settlement agreement and 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 Case No.2785 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 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 8 (e) of the said mediation report. 8.
Learned counsel for the applicants submits that the case under Section 13-B of Hindu Marriage Act pending between the parties has been allowed by the family court concerned vide judgement and order dated 29.4.2025, certified copy of the said judgement and decree has been produced before the Court which is taken on record. 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, the fact that the petition under Section 13-B of Hindu Marriage Act has been allowed by the family court concerned 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). 12. The present application is allowed. 13. The entire proceedings of the aforesaid case as well as summoning order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 13.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad