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Neutral Citation No. - 2025:AHC:33302 Court No. - 78 Case :- APPLICATION U/S 482 No. - 14013 of 2024 Applicant :- Smt Madhuri Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Ronak Chaturvedi, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicant- Smt Madhuri Dubey, with the prayer to allow the present application and quash the entire proceeding as well as impugned summoning order dated 01.02.2024 passed by Additional Civil Judge (J.D) Court No. 6/ Judicial Magistrate, Jhansi in Complaint Case no. 17406 of 2022 (Himanshu Singh Vs. Smt. Madhuri Dubey), under section 406 I.P.C., Police Station Sipri Bazaar, District Jhansi. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case, during the pendency of present application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 04.06.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 12.11.2024 the parties have entered into settlement dated 12.11.2024 and have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 19.02.2025 a report from the Mediation Centre of this Court is on record. 7. Learned counsel for the applicant submits that the amount of Rs. 20,000/- has been paid to the opposite party no.2 on 11.12.2024 through Paytm using UPI, paragraph 6 of the second supplementary affidavit dated 05.03.2025 has been placed before the Court. 8. 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 12.11.2024 between the parties 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 (e) of the said mediation report. 9.
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. 10. 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 applicant. 11. The present application is allowed. 12. The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed. Order Date :- 7.3.2025 AS Rathore (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