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2025 DAILYLAW 40526 (ALL)

RIZUL AND 3 OTHERS v. State of UP AND ANOTHER

A482/9811/2024 · 2025-02-06

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17908 Court No. - 78 Case :- APPLICATION U/S 482 No. - 9811 of 2024 Applicant :- Rizul And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.,Rahul Singh Dahiya Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pradeep Chauhan, learned counsel for the applicant, Sri Rahul Singh Dahiya, learned counsel for the opposite arty no. 2 and Sri Triveni Saran Rai, learned counsel for the State. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants Rizul, Rajeev @ Raju Chauhan, Ranjana @ Sneh and Akhilesh Chauhan with the prayer to quash the impugned charge sheet dated 24.01.2022 in Case No. 1226 of 2023 (State vs. Rizul and others) arising out of Case Crime No. 549 of 2021, under Sections 406, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station Chhatari, District Bulandshahr, pending in the court of Additional Civil Judge (J.D.), Khurja, Bulandshahr as well as cognizance order dated 19.07.2023. 4. The matter was referred to the Mediation Centre of this Court vide order dated 23.04.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 21.09.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 05.02.2025, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 7. 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 the applicant no. 1 shall pay the amount of Rs.75,000/- to the opposite party no. 2 and in this regard the applicant no. 1 has paid said amount to opposite party no. 2 and therefore the impugned proceedings/cognizance order/charge sheet be quashed on the ground of settlement arrived at between the parties. 8. 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 21.09.2024 between the parties and the Mediation succeeded and they have decided to settle the dispute on condition that the applicant no. 1 shall pay the amount of Rs.75,000/- to the opposite party no. 2. 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. 9. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 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/summoning order/ charge sheet as prayed for by the applicants. 12. The present application is allowed. 13. The impugned cognizance order dated 19.07.2023, charge sheet 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