PUSHPENDRA CHAUDHARY AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/44387/2023 · 2025-03-19
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63440 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63440 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40914 Court No. - 64 Case :- APPLICATION U/S 482 No. - 44387 of 2023 Applicant :- Pushpendra Chaudhary And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Ravi Pandey, learned counsel for the applicants, 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 Pushpendra Chaudhary, Hari Singh alias Chaudhary Hari Singh, Gayatri Devi alias Savitri Ben with the prayer to quash the entire proceeding of Case No. 2021 of 2023 (State vs. Pushpendra Chaudhary and others) arising out of Case Crime No. 71 of 2023, U/s 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Aligarh and also quash the summoning order dated 05.10.2023 passed by Judicial Magistrate- III, District Aligarh in the said case. It is further prayed to stay the entire proceedings against the applicants in the said case during pendency of the present criminal case. 4. The matter was referred to the Mediation Centre of this Court vide order dated 01.4.2024 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 interim settlement agreement dated 08.9.2024. 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. 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 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(ङ) of the said mediation report. 8. Learned counsel for the applicants submits that the remaining amount of Rs.7 lakh which was agreed to be paid to the opposite party no. 2/wife by the applicant no.
1/husband as per para-7 (घ) of the settlement agreement entered into between the parties before the Mediation and Conciliation Centre of this Court, has been paid to the opposite party no. 2/wife through Demand Draft No.863706 (S.B.I.), dated 01.03.2025 in favour of the opposite party no. 2. The photocopy of the same has been produced before the Court which is taken on record. It is submitted that in view of the same, the present proceedings and the impugned summoning order against the applicants be quashed. 9. Learned State counsel opposed the prayer for quashing but could not dispute the arguments as aforesaid by learned counsel for the applicants. 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 and the impugned summoning order as prayed for by the applicant(s). 12. The present application is allowed. 13. The proceedings of the case as well as impugned summoning
order as prayed for are hereby quashed.
14. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.)
Order Date :- 20.3.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad