SMT. KIRAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/38933/2023 · 2025-02-18
Samit Gopal
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55934 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55934 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:24271 Court No. - 78 Case :- APPLICATION U/S 482 No. - 38933 of 2023 Applicant :- Smt. Kiran And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadh Narayan Shukla,V.K. Baranwal,Vivek Kumar Shukla Counsel for Opposite Party :- Atiqur Rahman Siddiqui,G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Vivek Kumar Shukla, learned counsel for the applicants, Sri Atiqur Rahman Siddiqui, learned counsel for the opposite party no. 2, Sri Ram Prakash Shukla, 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 Smt. Kiran and Shyam Sunder with the prayer to quash the summoning order dated 24.1.2023 passed by Additional Chief Judicial Magistrate-9, Allahabad along with entire criminal proceeding of Complaint Case No. 2309 of 2020, Udai Singh vs. Kiran and others, under Sections 323, 504, 506 I.P.C., Police Station Dhoomanganj, District Allahabad, pending in the court of Additional Chief Judicial Magistrate-9, Allahabad. It is further prayed to stay the further proceedings of said complaint case during pendency of this application. 4. Learned counsel for the applicants submitted that it is common ground between the parties that the dispute was matrimonial in nature and vide order dated 16.12.2023 passed in Application U/S 45842 of 2023 (Uday Singh and another vs. State of U.P. and another) by another Bench of this Court, the said matter was referred to the Mediation and Conciliation Centre of this Court in which the present dispute was also taken up and the parties have settled their disputes for which an interim settlement agreement dated 23.5.2024 was drawn between them after which a settlement agreement dated 30.5.2024 was also drawn, the said interim settlement agreement and the settlement agreement have been placed before the Court which are annexure no.C.A.-2 to the short counter affidavit dated 17.12.2024 filed on behalf of the opposite party no. 2. It is submitted that proceedings and cognizance order
as prayed for in the said application being Application U/S 482 No. 45842 of 2023 being Case Crime No. 91757 of 2021, under Sections 323, 498A, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Narwal, District Kanpur Nagar, has been quashed by this Court vide order dated 26.09.2024, copy of the said order has been placed before the Court which is annexure no.
C.A.-4 to the said short counter affidavit. It is submitted that thus the proceedings and the summoning order in the present case be quashed. 5. Learned State counsel and learned counsel for the opposite party no.2 do not dispute the factual aspects of the matters. 6. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The present dispute is matrimonial in nature and is compoundable. 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. 7. From perusal of the records and the law laid down by the Apex Court on the subject matter and the said facts that the matter has been settled between them, the present case is a good case for exercising powers by this Court to quash the proceedings/summoning order as prayed for by the applicant(s). 8. The present application is allowed. 9. The proceedings of the case as well as summoning order as prayed for by the applicants are hereby quashed. (Samit Gopal, J.) Order Date :- 19.2.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad