SANYAM KAUSHIK AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/42840/2023 · 2025-08-12
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61263 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:138064 Court No. - 64 Case :- APPLICATION U/S 482 No. - 42840 of 2023 Applicant :- Sanyam Kaushik And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinkar Lal,Swetashwa Agarwal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Dinkar Lal, learned counsel for the applicants, Sri Indrajeet Singh,
learned counsel for the opposite party no.2, Sri Birendra Pratap Singh, 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-Sanyam Kaushik, Rajeev Kumar and Smt. Ashima with the prayer to allow the present application and quash the entire proceeding of Criminal Case No.140962 of 2021 (State Vs. Sanyam Kaushik and others), relating to case crime no. 0558 of 2023, Under Sections 498-A, 323, 504, 506 I.P.C, and 3/4 of the Dowry Prohibition Act, 1961, P.S Chakeri, District Poorvi (Commisionerate Kanpur Nagar), pending in the court of Chief Metropolitan Magaistrate, Kanpur Nagar along with the impugned charge sheet dated 25.07.2023 as well as impugned order dated 11.9.2023 passed by C.M.M. Kanpur Nagar 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 3.1.2024 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 10.9.2024, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 23.5.2024, the parties have entered into settlement agreement 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.1407 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 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. 8. Learned counsel for the applicants submits that the case under Section 13-B of Hindu Marriage Act pending between the parties has been allowed by the family court concerned vide judgement and order dated 14.5.2025.
An affidavit of compliance-II dated 20.5.2025 has been placed before the Court in which true copy of the said judgement and order has been annexed as annexure no.1 to the affidavit of compliance-II. 9. Learned counsel for the opposite party no.2 as well as learned counsel for the State have no objection to the said proposition. 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, the fact that the petition under Section 13-B of Hindu Marriage Act has been allowed by the family court concerned 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). 12. The present application is allowed. 13. The entire proceedings of the aforesaid case, Charge Sheet as well as impugned
order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.)
Order Date :- 13.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad