KULVINDRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27294/2023 · 2025-01-24
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39508 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39508 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12621 Court No. - 78 Case :- APPLICATION U/S 482 No. - 27294 of 2023 Applicant :- Kulvindra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shreesh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Shreesh Srivastava, learned counsel for the applicants, Sri V.D. Ojha, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Kulvindra, Surjeet and Virendra Singh with the prayer to allow the present application and quash the cognizance
order dated 19.06.2023 as well as further proceedings of Criminal Case No.476 of 2023 (State Vs. Kulvindra and others) arising out of Case Crime No.12 of 2023, under Sections 498-A, 323, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District-Amroha, pending in the Court of Civil Judge (Junior Division)/J.M./F.T.C.-II/Amroha and with the further prayer to 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 22.8.2023 for making an effort between the parties for settling their disputes amicably. 5. As per the office report dated 18.12.2024, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 7.9.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them and further they have decided to reunite and live together rest of their lives in view of interim settlement agreement dated 27.7.2024. 7. 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 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 (g) of the said mediation report. 8. 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. 9.
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). 10. The present application is allowed. 11. The entire proceedings of the aforesaid case as well as cognizance order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.)
Order Date :- 24.1.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad