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2025 DAILYLAW 43531 (ALL)

PAWAN SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/17865/2017 · 2025-07-06

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106304 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 108) Court No. - 78 Case :- APPLICATION U/S 482 No. - 17865 of 2017 Applicant :- Pawan Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Pratap Singh Counsel for Opposite Party :- G.A.,Kartikey Singh Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Harish Pratap Singh, learned counsel for the applicants and Sri Kartikey Singh, learned counsel for the opposite party no. 2. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Case No. 342 of 2015 (State vs. Prem Singh and others) arising out of Case Crime No. 322 of 2013 under Section 147, 148, 149, 323, 324, 325, 326, 504, 506 I.P.C. Police Station-Sadar Bazar, District-Mathura as well as order dated 27.01.2017, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Mathura. 3. Vide order dated 20.11.2019 passed in Criminal Revision No. 3125 of 2019 by co-ordinate Bench, the dispute was referred to the Mediation Centre. After mediation proceeding, a report by the Mediation Centre was submitted in the aforesaid revision and after considering the said report, the following order was passed on 30.7.2020: "Heard learned counsel for the revisionist and learned AGA appearing for the State. I have perused the interim order dated 20.11.2019 passed by another Bench of this Court by means of which the matter was referred to Mediation Centre, Allahabad. The report of mediation centre dated 18.02.2020 shows that parties have entered into an agreement. A settlement agreement dated 18.02.2020 is on record along with report of mediation centre dated 18.02.2020. I have also perused the settlement agreement dated 18.02.2020 and find it to be lawful and not against public policy in any manner. Accordingly, no useful purpose would be served by permitting investigation pursuant to the impugned FIR to continue. Any further investigation would be an abuse of process of Court and wastage of public time and money. Accordingly, the revision succeeds and is allowed. The impugned order dated 07.05.2019 as well as order dated 10.07.2019 passed by the learned Judicial Magistrate, Mathura in Criminal Case No.1155 of 2017(State Vs. Ravindra and others), arising out of Case Crime No.18 of 2013, under Sections 498-A, 323, 504, 506 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Mathura is hereby quashed. Consequences shall follow. It is provided that each of the terms incorporated in paragraph 7(a) to (f) of the settlement agreement dated 18.02.2020 are made Rule of this Court. All courts subordinate to this Court shall faithfully be bound to comply with the terms of the settlement as a Rule of this Court. It is also provided that both the parties to the settlement agreement are equally bound to abide by those terms of the said settlement agreement under my orders. The aforesaid direction is being made in exercise of powers under Article 226 of the Constitution." 4. In view of the aforesaid, since it was primarily a matrimonial dispute between the parties which has been amicably settled and the aforesaid settlement has already been made a rule of the court, the entire proceedings of Case No. 342 of 2015 (State vs. Prem Singh and others) arising out of Case Crime No. 322 of 2013 under Section 147, 148, 149, 323, 324, 325, 326, 504, 506 I.P.C. Police Station-Sadar Bazar, District-Mathura, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Mathura, is hereby quashed. 5. The application stands allowed. Order Date :- 7.7.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad