Neutral Citation No. - 2025:AHC:31484 Court No. - 78 Case :- APPLICATION U/S 482 No. - 9461 of 2024 Applicant :- Manoj Kumar Alias Manoj Sharma And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurang Kulshreshtha,Prem Sagar Verma Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Suneel Kumar holding brief of Sri Prem Sagar Verma, learned counsel for the applicants, Sri V.D. Ojha, learned counsel for the State and perused the records. Sri Rajesh Kumar Pandey, learned counsel for the opposite party no.2 is not present even when the matter has been taken up in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Manoj Kumar @ Manoj Sharma, Banwari Lal Sharma, Devki Devi, Anjali Sharma @ Shiva, Chetana Sharma and Rajeev Sharma with the prayer to allow the present application and for quashing/setting aside the charge sheet no.86 of 2022 dated 23.5.2022, summoning order dated 26.7.2023 passed by Additional Chief Judicial Magistrate, Court No.1,Bulandshahar and the entire proceeding of Criminal Case No.4735 of 2023 (New No.12178 of 2023) (State of U.P. Vs. Manoj Sharma and others), under Sections 498-A, 323, 354 IPC and Section 3/4 D.P. Act, arising out of Case Crime No.37 of 2021, P.S. Ahamadgarh, District Bulandshahr pending before the Additional Chief Judicial Magistrate, Court No.1, Bulandshahar and with the further prayer to stay the effect and operation of the aforesaid summoning order as well as stay the further proceedings of aforesaid case, during the pendency of present application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 22.3.2024 for making an effort between the parties for settling their disputes amicably. The dispute between the parties is matrimonial in nature. 5. As per the office report dated 7.2.2025, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 1.10.2024, the parties have amicably settled their dispute and further decided to live separately and in this regard they have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court concerned and the same is registered as Petition No.515 of 2024 and further agreed to withdraw the cases going on between them. 7. Learned counsel for the applicants submits that although as per Clause 7(d) of the settlement agreement entered into between the parties, the remaining amount has to be paid by the applicant no.1-husband to the opposite party no.2-wife at the time of final judgement in the marriage petition pending before the Family Court, Bulandshahar but the applicant no.1/husband is ready to deposit the same and pay his wife/opposite party no.2 within a period of three weeks for which appropriate orders be passed and the Family Court concerned be directed to accept the same and pay the same to the wife/opposite party no.2. 8. Learned counsel for the State submits that he has no objection to the same. 9. 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. 10. In view of the proposal as advanced by learned counsel for the applicants, it is directed that if the applicant no.1/husband proceeds to pay the remaining amount to opposite party no.2/wife as per the said clause of the settlement agreement, the same shall be facilitated to be paid to the opposite party no.2/wife before the Family Court concerned and the Family Court concerned shall decide the petition 13-B of the Hindu Marriage Act filed between the parties, by fixing early date/expediting the same. The parties shall be at liberty to file certified copy of this order before the Family Court concerned which shall then proceed with the matter by fixing an early date and make an endeavour to conclude the same within 45 days of filing of the certified copy of this order. 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 as prayed for by the applicant(s). 12. The present application is allowed. 13. The entire proceedings of the aforesaid case, charge sheet as well as summoning order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 5.3.2025/Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad