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2025 DAILYLAW 62473 (ALL)

MANDEEP SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43483/2023 · 2025-01-24

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12664 Court No. - 78 Case :- APPLICATION U/S 482 No. - 43483 of 2023 Applicant :- Mandeep Sharma And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jahangir Haider,Om Prakash Mishra,Suraj Mishra Counsel for Opposite Party :- Aditya Pratap Mishra,Dev Raj Singh,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Hahangir Haider, learned counsel for the applicants, Sri Aditya Pratap Mishra, learned counsel for the opposite party no.2, Sri V.D. Ojha, 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-Mandeep Sharma, Deepak Sharma, Smt. Manju and Ram Kumar Sharma with the prayer to allow the present application and quash the summoning order dated 31.03.2023 as well as entire proceedings of Complaint Case No.812 of 2022 (Smt. Pooja Vs. Mandeep Sharma and others), under Section 406 I.P.C., P.S. - Bhojpur, District - Ghaziabad, pending in the Court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.3, District Ghaziabad 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 5.12.2023 for making an effort between the parties for settling their disputes amicably. 5. As per the office report dated 23.1.2025, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 11.6.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them and further they have decided to reunite and live together rest of their lives in view of interim settlement agreement dated 30.4.2024. 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 (g) of the said mediation report. 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 applicant(s). 10. The present application is allowed. 11. 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 :- 24.1.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad