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Neutral Citation No. - 2025:AHC:30453 Court No. - 78 Case :- APPLICATION U/S 482 No. - 37909 of 2023 Applicant :- Smt. Sonam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat),Vinesh Kumar Soni Counsel for Opposite Party :- G.A.,Surendra Kumar Tripathi Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Indra Deo Mishra, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. Sri Surendra Kumar Tripathi, learned counsel for the opposite party no.2 is not present even in the revised list. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant, namely, Sonam with the prayer to quash the entire proceeding including summoning order dated 16.03.2022 passed by learned Judicial Magistrate/Additional Civil Judge (J.D.), Court No.05, Agra in Complaint Case No. 3684 of 2022 (Deepak Kumar Vs. Sonam and others under Sections 406 IPC, Police Station Shahganj, District Agra and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 28.11.2023 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 16.10.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 7. As per the office report dated 17.02.2025, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 8. Learned counsel for the applicants argued that parties have
settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant no. 1(husband) and the opposite party no. 2(wife) have decided to dissolve their marriage and live separately, para-7(a) and therefore the impugned proceedings/summoning order be quashed on the ground of settlement arrived at between the parties. 9. 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 16.10.2024 between the parties and the Mediation succeeded and they have decided to disslove their marriage, para-7(a). 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(d) of the said mediation report. 11. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 12. 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. 13. 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 as prayed for by the applicants. 14. The present application is allowed. 15. The impugned summoning order dated 16.03.2022 and proceedings of the aforesaid case are hereby quashed. (Samit Gopal,J.) Order Date :- 4.3.2025/Abhishek Sri. Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad