SANTOSH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/11106/2024 · 2025-02-10
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46391 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46391 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:19304 Court No. - 78 Case :- APPLICATION U/S 482 No. - 11106 of 2024 Applicant :- Santosh Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. No one appears on behalf of the applicants to press this application under Section 482 Cr.P.C. Sri Ajay Singh, learned A.G.A-I for the State is present. 3. The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the charge sheet dated 12.01.2023 as well as entire proceeding of Criminal Case No. 153009 of 2023 arising out of Case Crime No. 319 of 2022, under Sections 498A, 504, 506 of I.P.C. and Section 3/4 Dowry Prohibition Act, PS Bithur, District Western (Commissionerate Kanpur Nagar), pending in the Court of learned Additional Chief Metropolitan Magistrate-Ist, Kanpur Nagar and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 16.4.2024 for making an effort between the parties for settling their disputes amicably. 6. As per the office report dated 7.2.2025, a report from the Mediation Centre of this Court is on record. 7. 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. 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 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 (e) of the said mediation report. 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 as well as Charge Sheet submitted in the aforesaid case are hereby quashed. 13. Office is directed to communicate this order to the concerned court within two weeks from today. (Samit Gopal, J.) Order Date :- 10.2.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad