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2025 DAILYLAW 47057 (ALL)

SANJAY SINGH v. STATE OF U.P. AND ANOTHER

A482/26652/2021 · 2025-04-16

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56959 Court No. - 64 Case :- APPLICATION U/S 482 No. - 26652 of 2021 Applicant :- Sanjay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Tiwari,Gyanendra Singh Counsel for Opposite Party :- G.A.,Islam Ahmad,Raj Kumar Prajapati Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Gyanendra Singh, learned counsel for the applicant, Sri Devendra Nath Mishra, learned counsel for the State and perused the records. 3. Sri Islam Ahmad and Sri Raj Kumar Prajapati, learned counsels for the opposite party no. 2 are not present even in the revised list. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant Sanjay Singh with the prayer to quash the entire proceeding including the charge sheet dated 16.02.2021 as well as cognizance order dated 25.10.2021 passed by Chief Judicial Magistrate, Banda in Case No. 10366/IX/2021 (State vs. Sanjay) arising out of Case Crime No. 0074 of 2021, under Sections 354, 323, 504, 506 I.P.C., Police Station Kotwali Nagar, District Banda, pending in the Court of learned Chief Judicial Magistrate, Banda. 5. Learned counsel for the applicant has placed before the Court the supplementary affidavit dated 27.03.2025 and has submitted that the present case has also been settled between the parties before the Mediation and Conciliation Centre of this Court when the connected Application U/S 482 Cr.P.C. No. 8450 of 2024 (Bhupendra and 2 others vs. State of U.P. and another) was referred to the mediation centre. Vide settlement agreement dated 06.10.2024 entered into between parties, it is submitted that paragraph 8(b) of the settlement agreement refers to the present Application U/S 482 Cr.P.C. 6. Learned counsel for the applicant argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and it has been agreed between them that the first information report lodged by opposite party no. 2 shall not be pursued further and it shall be quashed before the Hon'ble Court, para-8(b) and therefore the impugned proceedings/summoning order/charge sheet be quashed on the ground of settlement arrived at between the parties. 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 06.10.2024 between the parties and the Mediation succeeded and they have decided that the first information report lodged by opposite party no. 2 shall not be pursued further and it shall be quashed before the Hon'ble Court. 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 8(c) of the said mediation report. 8. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 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/summoning order/charge sheet as prayed for by the applicant. 11. The present application is allowed. 12. The impugned cognizance order dated 25.10.2021, charge sheet and proceedings of the aforesaid case are hereby quashed. (Samit Gopal,J.) Order Date :- 17.4.2025 / Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad