SARVESH KUMARI AND 11 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27138/2023 · 2025-02-10
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37598 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37598 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18983 Court No. - 78 Case :- APPLICATION U/S 482 No. - 27138 of 2023 Applicant :- Sarvesh Kumari And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Sharma,Anita Singh,Ram Sumer Chaudhary Counsel for Opposite Party :- Arun Kumar,G.A.,Karan Singh Yadav Hon'ble Samit Gopal,J.
1. List revised. 2. No one appears on behalf of the applicants to press this application. Sri Arun Kumar and Sri Karan Singh Yadav, learned counsels for the opposite party no. 2 are also not present. Sri Birendra Pratap Singh, learned counsel for the State is present. 3. The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel. 4. Perused the records. 5. The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning and cognizance order dated 02.6.2023 in Case No. 3406 of 2022, under Sections 385, 323, 504, 506 I.P.C., Police Station Chandausi, District Sambhal, pending before District and Sessions Judge, Sambhal, with the further prayer to stay the further proceedings of said criminal case during pendency of this application. 6. The matter was referred to the Mediation Centre of this Court vide order dated 21.08.2023 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 07.2.2025, a report from the Mediation Centre of this Court is on record. 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 27.09.2024 between the parties and the Mediation succeeded. 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(e) of the said mediation report. 10. 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. 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, cognizance/summoning order as prayed for by the applicant(s). 12. The present application is allowed. 13. The proceedings, cognizance/summoning order as prayed for in the aforesaid case are hereby quashed. 14. Office is directed to communicate this order to the concerned court within two weeks from today. (Samit Gopal, J.) Order Date :- 10.2.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad