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2025 DAILYLAW 29458 (ALL)

NEMWATI @ NIRMAL DEVI AND 3 OTHERS v. State of UP AND ANOTHER

A482/6337/2024 · 2025-03-02

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30424 Court No. - 78 Case :- APPLICATION U/S 482 No. - 6337 of 2024 Applicant :- Nemwati @ Nirmal Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Chandra Jaiswal,Vikas Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C., despite the fact that there are two learned counsels appearing in the matter. 3. Sri Ajay Singh, learned AGA-I for the State is present. 4. This matter is being decided finally with the assistance of learned counsel for the State. 5. The present application under Section 482 Cr.P.C. has been filed by the applicants Nemwati @ Nirmal Devi, Ashu @ Ashish, Dixa Bharti and Shimi @ Kajal with the following prayers :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present criminal misc. application and also may graciously be pleased to stay the effect and operation of an order dated 08.11.2023 passed by the learned Court of Additional Chief Judicial Magistrate, Khurja, District Bulandshahar, in Complaint Case No. 765 of 2020 (Parmeshwari Devi vs. Chandrabhan and others) by which the applicants have been summoned under Sections 452, 323, 325, 504, 506 I.P.C. at Police Station Khurja Dehat, District Bulandshahar. It is further prayed that this Hon'ble Court may graciously be pleased to set-aside an order dated 08.11.2023 passed by the learned Court of Additional Chief Judicial Magistrate, Khurja, District Bulandshahar in Complaint Case No. 765 of 2020 (Parmeshwari Devi vs. Chandrabhan and others) by which the applicants have been summoned under Sections 452, 323, 325, 504, 506 I.P.C. at Police Station Khurja Dehat, District Bulandshahar, during the pendency of the present criminal misc. application before this Hon'ble Court, and / or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, otherwise applicants shall suffer irreparable loss and injury. 6. The matter was referred to the Mediation Centre of this Court vide order dated 15.03.2024 for making an effort between the parties for settling their disputes amicably. 7. As per report of Mediation Centre dated 27.09.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 8. As per the office report dated 06.02.2025, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 9. Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicants and the opposite party no. 2 do not want to litigate any further and as such there remains no dispute between them, therefore the impugned summoning order be quashed on the ground of settlement arrived at between the parties. 10. 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 27.09.2024 between the parties and the Mediation succeeded and they have decided not to litigate further. 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(c) of the said mediation report. 11. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 12. 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. 13. 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 summoning order as prayed for by the applicants. 14. The present application is allowed. 15. The impugned summoning order dated 08.11.2023 of the aforesaid case is hereby quashed. (Samit Gopal,J.) Order Date :- 3.3.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad