BHUPENDRA AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/8450/2024 · 2025-03-03
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32351 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32351 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30694 Court No. - 78 Case :- APPLICATION U/S 482 No. - 8450 of 2024 Applicant :- Bhupendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Islam Ahmad,Raj Kumar Prajapati Counsel for Opposite Party :- Deepak Dubey,G.A.,Gyanendra Singh Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Raj Kumar Prajapati, learned counsel for the applicants, Sri Gyanendra Singh, learned counsel for the opposite party no.2 and Sri Virendra Pratap Singh, learned counsel for the State and perused the records. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants, namely, Bhupendra, Rohit Singh and Priya Singh alias Kajal with the prayer to quash the further proceedings of Criminal Case No. 08 of 2023 (Sanjay Singh Vs. Bhupendra and others) as case crime no. 0212 of 2021 under Section 394, 420, 387, 506 IPC, P.S. Kotwali City, District Banda including impugned cognizance/ summoning order dated 12.12.2023 passed by Additional Session Judge/ Special Judge (DAA Act) Banda in the aforesaid criminal case. 5. The matter was referred to the Mediation Centre of this Court vide order dated 06.06.2024 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 19.11.2024, 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 parties submits that the parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the opposite party no.2 in the present case, who has lodged the first information report does not want to pursue the case any further and agrees to get it quashed before the
Court. It is further agreed that case registered by Priya Singh alias Kajal/petitioner no.3 against the opposite party no.2 Sanjay Singh will also not be pressed by the petitioner no.3, para-8(b) and therefore the impugned proceedings/summoning order be quashed on the ground of settlement arrived at between the parties. 9.
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 dissolve the issue, para-8(b). 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(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 proceedings/summoning order as prayed for by the applicants. 14. The present application is allowed. 15. The impugned summoning order dated 12.12.2023 and proceedings of the aforesaid case are hereby quashed. (Samit Gopal,J.) Order Date :- 4.3.2025/Abhishek Sri. Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad