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2025 DAILYLAW 32188 (ALL)

ANIL AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/7205/2024 · 2025-03-02

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29814 Court No. - 78 Case :- APPLICATION U/S 482 No. - 7205 of 2024 Applicant :- Anil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.,Sandeep Kumar Gupta Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Nirbhay Singh, learned counsel for the applicants, Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. Sri Sandeep Kumar Gupta, learned counsel for the opposite party no. 2 is not present even in the revised list. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants Anil, Raghuveer and Smt. Urmila Devi with the prayer to quash the entire proceedings of Criminal Complaint Case No. 1195 of 2018 in impugned summoning order dated 11.02.2020 (Smt. Anita vs. Anil and others), under Sections 498-A I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali Nagar Etah, District Etah, pending in the Court of Chief Judicial Magistrate, Etah. 5. The matter was referred to the Mediation Centre of this Court vide order dated 07.03.2024 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 06.10.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 7. As per the office report dated 01.07.2024 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 8. Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant no. 1 (husband) and the opposite party no. 2 (wife) have decided to live separately and mutually settled to dissolve their relationship as husband and wife in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court Etah. and therefore the impugned proceedings/summoning order be quashed on the ground of settlement arrived at between the parties. 9. Learned counsel for the applicants states that a case under Section 13 B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Etah as Case No. 498 of 2024. Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court, Etah. He prayed that a direction for expeditious disposal of the same be given. 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 06.10.2024 between the parties and the Mediation succeeded and they have decided to live separately and mutually settled to dissolve their relationship as husband and wife. 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(f) 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 proceedings/summoning order as prayed for by the applicants. 14. The present application is allowed. 15. The impugned summoning order dated 11.02.2020 and proceedings of the aforesaid case are hereby quashed. 16. However the Principal Judge, Family Court, Etah is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order. (Samit Gopal,J.) Order Date :- 3.3.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad