Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 61140 (ALL)

GAJENDRA SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/42822/2023 · 2025-05-07

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:75133 Court No. - 64 Case :- APPLICATION U/S 482 No. - 42822 of 2023 Applicant :- Gajendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Tiwari Counsel for Opposite Party :- G.A.,Vipin Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sudhir Kumar Tiwari, learned counsel for the applicants, Sri Ajay Kishore Shukla, learned counsel for the State and perused the records. Sri Vipin Kumar, learned counsel for the opposite party no.2 is not present even when the matter has been taken up in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Gajendra Singh, Ghanshyam Singh, Smt. Laungshree and Smt. Neetu with the prayer to allow the present application and quash the entire proceeding of Complaint Case No. 17855 of 2022 (Kiran Vs. Gajendra Singh and others) under sections 498A, 323, and 506 I.P.C. and section 3/4 of D.P. Act police station Kotwali Nagar District Etah and the summoning order dated 12/16.10.2023 pending in the court of Chief Judicial Magistrate, Etah and with the further prayer to stay the 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 13.12.2023 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 23.3.2025, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 17.3.2024, the parties have entered into an interim settlement dated 18.2.2024 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 Petition No.89 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 State 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 summoning order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 8.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad