Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 54891 (ALL)

ANOJ ALIAS ANOJ KUMAR SINGH AND ANOTHER v. State of U.P. AND ANOTHER

A482/13223/2024 · 2025-04-15

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:56061 Court No. - 64 Case :- APPLICATION U/S 482 No. - 13223 of 2024 Applicant :- Anoj Alias Anoj Kumar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Shukla,Mohit Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mohit Singh and Sri Dileep Kumar Shukla, learned counsels for the applicants, Sri Sachin Kumar Sharma, learned counsel for the opposite party no. 2, Sri Birendra Pratap Singh, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants Anoj@Anoj Kumar Singh, Sushila@Sushila Devi, with the prayer to set aside the entire proceedings of Case No. 42444 of 2023, State vs. Anoj and others, under Sections 498A, 323, 504, 427 I.P.C. and 3/4 D.P. Act arising out of Case Crime No. 330 of 2022, P.S. Bilari, District Moradabad, as well as impugned charge sheet no. 299/2022, dated 30.8.2022 including the order of cognizance dated 21.09.2023 passed by the Judicial Magistrate, Moradabad. It is further prayed to stay the further proceedings of said case as well as impugned charge sheet and cognizance order during pendency of this application. 4. Learned counsels for the applicants have drawn the attention of the Court to the order dated 01.12.2023 passed in the connected Application U/S 482 No. 33583 of 2023 (Smt. Rita and 4 others vs. State of U.P. and another) filed by Smt. Rita the wife of the applicant no. 1, by which the matter was referred to the Mediation Centre of this Court for making an effort between the parties for settling their disputes amicably wherein the the parties have settled their disputes amicably and agreed to withdraw the cases going on between them in view of the settlement agreement, report of mediation centre dated 12.3.2024 has been placed before the Court which has been perused by the Court. Learned counsels for the applicants have further drawn the attention to the certified copy of the judgement and order dated 11.4.2025 passed by Principal Judge, Family Court, Moradabad, in Marriage Case No. 249 of 2024, under Section 13 B Hindu Marriage Act, 1955, between the parties and have submitted that the said case has been decided by the said judgement and order. It is submitted that in view of the said settlement agreement the connected Application U/S 482 No. 33583 of 2023 (Smt. Rita and 4 others vs. State of U.P. and another) has been allowed and the proceedings/summoning order therein has been quashed today i.e. 16.4.2025 by this Court. It is submitted that in view of the same, the impugned proceedings, charge sheet and cognizance order against the applicants be also quashed. 5. Learned A.G.A. and learned counsel for the opposite party no. 2 could not dispute the arguments of learned counsels for the applicants as aforesaid. 6. Although the present matter was not referred to the Mediation and Conciliation Centre of this Court but the said connected matter filed by the wife of the applicant no. 1 was sent for mediation wherein the parties have settled their disputes and draw settlement agreements, the mediation reports in the said matter is on record of connected matter. Perusal of the same goes to show that the parties have settled their disputes and have decided to withdraw all the cases against each other and in view of the same, the said connected matter has been allowed and the proceedings/summoning order therein are quashed today i.e. 16.4.2025 by this Court. 7. Since the said connected petition is allowed on the basis of said settlement agreement and the proceedings/summoning order therein are quashed, the present application u/s 482 Cr.P.C. is also allowed. 8. The impugned proceedings/charge sheet and cognizance order in the present case as prayed for by the applicants are hereby quashed. (Samit Gopal,J.) Order Date :- 16.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad