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2025 DAILYLAW 46788 (ALL)

RAWAT GUPTA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/12375/2024 · 2025-03-06

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33271 Court No. - 78 Case :- APPLICATION U/S 482 No. - 12375 of 2024 Applicant :- Rawat Gupta And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Yadav Counsel for Opposite Party :- Ajaj Ahmad,G.A.,Mohd Saeed Ahamad Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rakesh Yadav, learned counsel for the applicants, Sri Ajaj Ahmad, learned counsel for the State and perused the records. Sri Bade Lal Bind, learned counsel for the private respondent is not present. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Rawat Gupta, Mahinder Gupta, Subhawati Devi, Sureka and Babita, with the prayer to allow the present application and quash the entire proceeding as well as charge sheet dated 6.5.2023, cognizance as well as summoning order dated 26.6.2023, in Criminal Case No.9902 of 2023 (State Vs. Rawat Gupta and others), arising out of Case Crime No.0005 of 2023, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Sant Kabir Nagar, pending in the court of Civil Judge (J.D.)/FTC-II, Sant Kabir Nagar. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case. 4. The matter was referred to the Mediation Centre of this Court vide order dated 27.04.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 24.11.2024 the parties have entered into an settlement dated 24.11.2024 in view of 2nd Interim Settlement dated 06.10.2024 and have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 06.03.2025 a report from the Mediation Centre of this Court is on record. 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 dated 24.11.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out 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 applicants states that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Sant Kabir Nagar, as Case No. 555 of 2024. Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co- operate with expeditious disposal of the said case pending before the Principal Judge, Family Court concerned. He prays that a direction for expeditious disposal of the same be given. 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 applicants. 11. The present application is allowed. 12. The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed. 13. However the Principal Judge, Family Court concerned is directed to expedite the hearing of the said case and decide the same within 60 days from the date of production of certified copy of this order. 14. Office is directed to communicate this order to the concerned court within two weeks from today. Order Date :- 7.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad