Neutral Citation No. - 2025:AHC:31334 Court No. - 78 Case :- APPLICATION U/S 482 No. - 6214 of 2024 Applicant :- Mohit Kumar Upadhyay And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.,Vipin Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Nirbhay Singh, learned counsel for the applicants, Sri Vipin Kumar, learned counsel for the opposite party no.2, Sri V.D. Ojha, 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-Mohit Kumar Upadhyay, Munesh Upadhyay and Suman Upadhyay with the prayer to allow the present application and quash the entire proceedings of Criminal Complaint Case No. 18158 of 2022 in impugned summoning order dated 22.08.2023, (Smt. Ananya Kumari Vs. Mohit Kumar Upadhyay and others), under section 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kotwali Dehat, District Etah, pending in the court of Chief Judicial Magistrate, Etah 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 2.4.2024 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 12.9.2024, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 7.7.2024, the parties have amicably settled their dispute and further 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 Marriage Petition No.302 of 2024 and further agreed to withdraw the cases going on between them. 7. Learned counsel for the applicants submits that although as per Clause 7(d) of the settlement agreement entered into between the parties, the remaining amount has to be paid by the applicant no.1-husband to the opposite party no.2-wife at the time of final judgement in the marriage petition pending before the Family Court, Etah but the applicant no.1/husband is ready to deposit the same and pay his wife/opposite party no.2 within a period of three weeks for which appropriate orders be passed and the Family Court concerned be directed to accept the same and pay the same to the wife/opposite party no.2. 8. Learned counsel for the opposite party no.2 submits that he has no objection to the same and is ready to accept the remaining amount forthwith. 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. In view of the proposal as advanced by learned counsel for the applicants and accepted by learned counsel for the opposite party no.2, it is directed that if the applicant no.1/husband proceeds to pay the remaining amount to opposite party no.2/wife as per the said clause of the settlement agreement, the same shall be facilitated to be paid to the opposite party no.2/wife before the Family Court concerned and the Family Court concerned 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. 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 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 :- 5.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad