Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 46908 (ALL)

RAJKUMAR v. STATE OF U.P. AND ANOTHER

A482/37056/2023 · 2025-07-15

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:115362 Court No. - 64 Case :- APPLICATION U/S 482 No. - 37056 of 2023 Applicant :- Rajkumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta Counsel for Opposite Party :- G.A.,Pankaj Kumar Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Girijesh Kumar Gupta, learned counsel for the applicant, Sri Pankaj Kumar Singh, learned counsel for the opposite party no.2, Sri V.D. Ojha, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dated 09.01.2023 passed under Section-126(2) Cr.P.C. in Misc. Case no.202/2022, Raj Kumar Vs. Madhu Rani and impugned order dated 09.05.2023 passed u/s 125(3) Cr.P.C. in Criminal Misc. Case No.345 of 2021, Madhu Rani Vs Rajkumar, pending in the court of learned Additional Principal Judge, Family Court, Court No.1, Ghaziabad 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 1.11.2023 for making an effort between the parties for settling their disputes amicably. The dispute between the parties is matrimonial in nature. 5. As per the office report dated 21.3.2024, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 7.6.2024, the parties have entered into an interim settlement dated 17.5.2024 and have amicably settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court concerned and the same is registered as Divorce Petition No.1444 of 2024 and further agreed to withdraw the cases going on between them. 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 (g) of the said mediation report. 8. Learned counsel for the applicant has filed Supplementary affidavit today in Court, which is taken on record. He submits that the concerned family court has passed a decree dissolving the marriage between the parties vide judgement and order dated 7.2.2025, copy of the same is annexed on page 6 to 8 of the supplementary affidavit dated 6.7.2025. 9. Learned counsel for the opposite party no.2 as well as learned counsel for the State have no objection to the said proposition. 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 as prayed for by the applicant(s). 12. The present application is allowed. 13. The entire proceedings of the aforesaid case as well as impugned orders passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 16.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad