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2025 DAILYLAW 41506 (ALL)

VINAY KUMAR SINGH TOMAR AND 4 OTHERS v. State of U.P AND 2 OTHERS

A482/9656/2024 · 2025-02-10

Samit Gopal

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Judgment text

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Neutral Citation No. - 2025:AHC:19329 Court No. - 78 Case :- APPLICATION U/S 482 No. - 9656 of 2024 Applicant :- Vinay Kumar Singh Tomar And 4 Others Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- Amit Daga,G.A.,Shivam Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajeev Kumar Singh, learned counsel for the applicants, Sri Shivam Kumar, learned counsel for the private respondents, Sri B.P. Singh, 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-Vinay Kumar Singh Tomar, Randhir Singh @ Ram, Shyam @ Shyamu, Sonu and Jyoti Singh @ Jyoti Tomar with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 22.7.2022 in Misc. Case No. 4480 of 2022 (State Vs. Vinay Kumar Singh Tomar and others) arising out of Case Crime No. 1061 of 2020, under Sections 147, 323, 504, 506, 452 IPC, P.S. Kotwali Farrukhabad, District Farrukhabad, pending in the court of Chief Judicial Magistrate, Farrukhabad 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 1.7.2024 for making an effort between the parties for settling their disputes amicably. 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 28.9.2024, 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. 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 (f) of the said mediation report. 8. Learned counsel for the State has no objection to the said proposition. 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. 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). 11. The present application is allowed. 12. The entire proceedings of the aforesaid case, Charge Sheet as well as cognizance order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 10.2.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad