Neutral Citation No. - 2025:AHC:17949 Court No. - 78 Case :- APPLICATION U/S 482 No. - 8241 of 2024 Applicant :- Kanhaiya Lal Kesarwani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Narayan Shukla,Rakesh Narain Shukla Counsel for Opposite Party :- G.A.,Rajendra Kumar Singh 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 Rajendra Kumar Singh, learned counsel for the opposite party no. 2 is also not present. 4. Sri V.D. Ojha, learned counsel for the State is present and perused the records. 5. This matter is being decided finally with the assistance of learned counsel for the State. 6. The present application under Section 482 Cr.P.C. has been filed by the applicant Kanhaiya Lal Kesarwani with the prayer to quash the summoning order dated 10.01.2024 passed by learned Judicial Magistrate, Rath, District Hamirpur against the applicant in Complaint Case No. 621 of 2023, under Section 406 I.P.C., Police Station Rath, District Hamirpur. 7. The matter was referred to the Mediation Centre of this Court vide order dated 30.05.2024 for making an effort between the parties for settling their disputes amicably. 8. As per report of Mediation Centre dated 20.09.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 9. As per the office report dated 02.12.2024, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 10. Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the parties have agreed to settle the dispute on condition that Rs. 1,75,000/- shall be paid to opposite party no. 2 by the applicant Kanhaiya Lal Kesarwani and therefore the impugned proceedings/summoning order be quashed on the ground of settlement arrived at between the parties. 11. 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 20.09.2024 between the parties and the Mediation succeeded and they have decided to settle the dispute on condition that Rs. 1,75,000/- shall be paid to opposite party no. 2 by the applicant Kanhaiya Lal Kesarwani. 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. 12. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 13. 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. 14. 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/ charge sheet as prayed for by the applicants. 15. The present application is allowed. 16. The impugned summoning order dated 10.01.2024 and proceedings of the aforesaid case are hereby quashed. (Samit Gopal,J.) Order Date :- 6.2.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad