SANTOSH DEVI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/43955/2023 · 2025-01-23
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59896 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59896 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:11555 Court No. - 78 Case :- APPLICATION U/S 482 No. - 43955 of 2023 Applicant :- Santosh Devi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Rai,Sandeep Maniji Bakhshi Counsel for Opposite Party :- G.A.,Santosh Kumar Singh Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Sailesh Srivastava, Advocate holding brief of Sri Bhism Shankar Yadav, learned counsel for the applicants and Sri V.D. Ojha, learned counsel for the State and perused the records. Sri Santosh Kumar Singh, learned counsel for the opposite party no.2 is not present even when the matter is taken in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Santosh Devi, Swadesh Kumar, Amit Kumar, Ritu Chaudhary and Sachin Kumar, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 23.01.2023 & cognizance order dated 02.06.2023 in Case No.1554 of 2023, arising out of Case Crime No. 174 of 2022, under Sections 498-A, 323, 504, 506, 406 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station- Mahila Thana, District Aligarh. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case. 4. The matter was referred to the Mediation Centre of this Court vide order dated 18.03.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 29.08.2024 the parties have entered into settlement dated 29.08.2024 and have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 17.10.2024 a report from the Mediation Centre of this Court is on record. 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 dated 29.08.2024 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 8 (f) of the said mediation report. The
matter has been settled and the parties being husband and wife have reunited and have decided to live together.
8. 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. 9. 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 applicants. 10. The present application is allowed. 11. The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed. Order Date :- 23.1.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad