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2025 DAILYLAW 52271 (ALL)

SMT. RADHA SEKSARIA AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/8229/2017 · 2025-02-26

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27241 Court No. - 78 Case :- APPLICATION U/S 482 No. - 8229 of 2017 Applicant :- Smt. Radha Seksaria And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Mishra,Rahul Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri A.K. Mishra, learned counsel for the applicants and Sri V.D. Ojha, learned counsel for the State and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants- Smt. Radha Seksaria and Manish Seksaria, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 30.06.2015 & cognizance order dated 24.12.2015 in Case No. 22290/IX/2015 (State Vs. Manish and others) arising out of Case Crime No. 413 of 2013, under Sections 498-A, 323, 504, 506 I.P.C. and under Section 3/4 Dowry Prohibition Act, Police Station Govind Nagar, District Mathura, pending in the court of C.J.M., Mathura, with a further prayer that proceeding of the aforesaid case be stayed. 4. The office vide its report dated 25.02.2025 reported that a report from the Civil Judge (Junior Division) F.T.C., (Crime Against Women) / Judicial Magistrate, Mathura through the District Judge, Mathura has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 21.12.2024. 5. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. in which an order for verification of the compromise was passed on 11.11.2024 by a co-ordinate Bench of this Court. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 21.12.2024. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 6. Learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court. 7. 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. 8. 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 entire proceedings of case as prayed for by the applicants. 9. The present application is allowed. 10. The entire proceedings of the said case are hereby quashed. Order Date :- 27.2.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad