Neutral Citation No. - 2025:AHC:31769 Court No. - 78 Case :- APPLICATION U/S 482 No. - 41622 of 2023 Applicant :- Dinanath Alias Vivek Patel And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- Brij Raj,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Virendra Kumar Yadav, learned counsel for the applicants, Sri Brij Raj, learned counsel for the opposite party no.2, Sri Ajay Singh, learned AGA-I for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Dinanath alias Vivek Patel, Sanjay Kumar Patel, Smt. Sampatti Devi, Chandrakala, Sweta and Amit Patel with the prayer to allow the present application and quash the cognizance order dated 3.10.2023 passed by A.C.J.M-I, Court No.24, Varanasi as well as entire further proceeding of Criminal Case No. 108894 of 2023 (State Vs. Dinanath @ Vivek Patel and others) arising out of Case Crime No. 113 of 2023, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Cholapur, District- Varanasi, pending in the court of Addl. Chief Judicial Magistrate-I, Court No. 24, Varanasi and with the further prayer to stay the entire further proceedings of aforesaid case, during the pendency of present application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 29.11.2023 for making an effort between the parties for settling their disputes amicably. The dispute between the parties is matrimonial in nature. 5. As per the office report dated 9.9.2024, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 19.5.2024, the parties have entered into a settlement and have amicably settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court concerned and the same is registered as Case No.851 of 2024 and further agreed to withdraw the cases going on between them. 7. 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 between the parties and the Mediation succeeded. 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 (e) of the said mediation report. 8. Learned counsel for the opposite party no.2 as well as learned State counsel have no objection to the said proposition. 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(s). 11. The present application is allowed. 12. The entire proceedings of the aforesaid case as well as cognizance order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 5.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad