DIVYANSHU RAGHAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/14994/2024 · 2025-08-20
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60656 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60656 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143759 Court No. - 64 Case :- APPLICATION U/S 482 No. - 14994 of 2024 Applicant :- Divyanshu Raghav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.,Zafeer Ahmad Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicants, Sri Zafeer Ahmad, learned counsel for the opposite party no. 2, Sri Ajay Kishore 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 Divyanshu Raghav, Kunwar Pal Singh, Smt. Kiran with the prayer to quash the entire proceedings as well as cognizance/summoning order dated 11/01/2024 in Case No. 1761 of 2024, State vs. Divyanshu Raghav and others, in pursuance of Charge Sheet No. 283 of 2023, dated 10/10/2023 arising out of Case Crime No. 253 of 2023, under Section 498A, 323, 504, 506 of I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Pakbada, District- Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad. It is further prayed to stay the further proceedings as well as cognizance/summoning order in the said case during pendency of the present application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 08.5.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 20.10.2024 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement. 6. As per the office report dated 18.2.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 7. Learned counsel for the applicants argued that it is common ground between the parties that the parties have settled the dispute amicably and therefore the impugned proceedings be quashed on the ground of settlement arrived at between the parties before the Mediation and Conciliation Centre of this Court.
Learned counsel has produced before this Court a copy of judgement and order dated 22.7.2025 passed by Principal Judge, Family Court, Moradabad in Marriage Case No. 1277 of 2024 (Divyanshu Raghav vs. Smt. Manu) and submitted that the said marriage petition was allowed and marriage between them has been dissolved, the same is taken on record. 8. Learned counsel for the opposite party no. 2 and learned A.G.A. have no objection to the same. 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 20.10.2024 between the parties subject to the terms and conditions mentioned therein 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(i) of the said mediation report. Further marriage petition under Section 13 B of Hindu Marriage Act has also been allowed by the concerned trial court and marriage between the parties have been dissolved. 10. 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. 11.
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 well as cognizance/summoning order as prayed for by the applicant(s). 12. The present application is allowed. 13. The impugned proceedings as well as cognizance/summoning
order in the said case are hereby quashed. (Samit Gopal, J.)
Order Date :- 21.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad