Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 51057 (ALL)

RAKESH KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/34954/2023 · 2025-10-08

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 34954 of 2023 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Anil Kumar Savita learned counsel for the applicants and Sri V.D. Ojha, learned counsel for the State and perused the records. Sri Tejendra Raman, learned counsel for the opposite party no.2 is not present even when the matter is taken in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Rakesh Kumar, Sani Dev @ Ashu and Reshma, with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 06.04.2023 in Complaint Case No. 19587 of 2022 (Jyoti Vs. Shanidev @ Ashu and others), under Sections 498A, 323 IPC and Section 3/4 Dowry Prohibition Act, Police Station Bharthana, District Etawah, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Etawah. 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 22.11.2023 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 21.03.2024 the parties have entered into settlement dated 21.03.2024 in view of Interim Settlement dated 22.02.2024 and have amicably settled their dispute and further agreed to withdraw the cases going on between them. Versus Counsel for Applicant(s) : Anil Kumar Savita Counsel for Opposite Party(s) : G.A., Tejendra Raman Rakesh Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. As per the office report dated 08.07.2025 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 21.03.2024 between the parties subject to the terms and conditions mentioned therein 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 (g) of the said mediation report. The matter has been settled and the parties being husband and wife have reunited and have decided to live together. 8. 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. 9. 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. 10. The present application is allowed. 11. The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed. 12. Pending application (s), if any, shall stand disposed of. October 9, 2025 AS Rathore A482 No. 34954 of 2023 2 (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