Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:18874 Court No. - 78 Case :- APPLICATION U/S 482 No. - 45073 of 2023 Applicant :- Mohammad Naseem Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar,Indrajeet Singh Counsel for Opposite Party :- Fakhruzzaman,G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. No one appears on behalf of the applicant to press this application. Sri Fakhruzzaman, learned counsel for the opposite party no. 2 is also not present. Sri Bade Lal Bind, learned counsel for the State is present. 3. The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel. 4. Perused the records. 5. The present application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned non bailable warrant order dated 17.12.2021 and Section 82 Cr.P.C. proceedings order dated 18.8.2023 initiated against the applicant issued by Civil Judge (Senior Division)/F.T.C. (C.A.W.), Jhansi and whole proceedings of Complaint Case No. 2192 of 2019, Smt. Nazmeen Akhtar vs. Mohd. Waseem Khan and others), under Sections 498A, 323, 506 I.P.C. and Sections 3/4 D.P. Act, P.S.- Mahila Thana Nawabad, District- Jhansi pending in the court of Civil Judge (Senior Division)/F.T.C. (C.A.W.), Jhansi. It is further stayed the said impugned non bailable warrant order, process issued under Section 82 Cr.P.C. and the proceedings of the said case during pendency of this application before this Court. 6. The matter was referred to the Mediation Centre of this Court vide order dated 11.12.2023 for making an effort between the parties for settling their disputes amicably. 7. As per report of Mediation Centre dated 03.10.2024, which is is on record, the parties have amicably settled their dispute and have decided to reunite and they want to continue it for the rest of their lives and further agreed to withdraw the cases going on between them in view of the settlement agreement. 8. As per the office report dated 07.02.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 9. 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 03.10.2024 between the parties and the Mediation succeeded.
The parties have settled their grievances and even the dispute arising in the present matter have decided to reunite and they want to continue it for the rest of their lives. 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. 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, non bailable warrant order, process issued under Section 82 Cr.P.C. as prayed for by the applicant. 12. The present application is allowed. 13. The impugned the proceedings, non bailable warrant order, process issued under Section 82 Cr.P.C. in the said case are hereby quashed. 14. Office to communicate this order to the court concerned within two weeks from today. (Samit Gopal,J.) Order Date :- 10.2.2025/Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad