ROHIT GARG AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
A482/45097/2023 · 2025-03-23
Samit Gopal
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 63876 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63876 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42625 Court No. - 64 Case :- APPLICATION U/S 482 No. - 45097 of 2023 Applicant :- Rohit Garg And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kaif Mohammad,Udai Chandani Counsel for Opposite Party :- Ashish Tyagi,G.A.,Kapil Tyagi Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Sahil Srivastava, Advocate holding brief of Sri Kaif Mohammad,
learned counsel for the applicants, Sri Ashish Tyagi, learned counsel for the opposite party no.2 and 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- Rohit Garg, Mukesh Kumar Garg and Madhu, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 07.06.2022 & cognizance order dated 28.07.2022 passed by Additional Civil Judge, Junior Division-II / Additional Chief Judicial Magistrate-II, Gautam Budh Nagar in Case Crime No. 607 of 2021 (State Vs. Rohit Garg and others), under Sections 498-A, 323, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Phase-II, District Commissionerate Gautam Budh Nagar. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case. 4. The matter was referred to the Mediation Centre of this Court vide order dated 08.02.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 01.10.2024 the parties have entered into settlement dated 01.10.2024 in view of Interim Settlement dated 10.09.2024 and have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 11.12.2024 a report from the Mediation Centre of this Court is on record. 7. It is common ground between both the parties that the proceedings before the concerned Family Court under Section 13-B of the Hindu Marriage Act have been concluded and a judgement & order has been passed in the same on 19.03.2025. 8. 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 01.10.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 8 (f) of the said mediation report. 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 applicants. 11. The present application is allowed. 12. The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed.
Order Date :- 24.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad