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2025 DAILYLAW 64207 (ALL)

NEETU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/45584/2023 · 2025-10-08

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 45584 of 2023 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Krishna Murari Tripathi, learned counsel for the applicants and Sri Ajay Singh, learned A.G.A.-I for the State and perused the records. Sri Sunil Kumar Singh, learned counsel for the opposite party no.2 is not present even when the matter is taken in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Neetu, Smt. Ramwati and Parvendra Kumar, with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 30.06.2016 in Complaint Case No. 6312 of 2015 (Hari Mohan Vs. Neetu and others), under Sections 406, 504, 506 I.P.C., Police Station- Tundala, District- Firozabad, pending in the court of learned Additional Civil Judge (J.D)-Vth, Firozabad. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case, during the pendency of present application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 14.12.2023 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 22.03.2024 the parties have entered into settlement dated 22.03.2024 in view of Interim Settlement dated 01.03.2024 and have amicably settled their dispute Versus Counsel for Applicant(s) : Brijesh Kumar Mishra, Krishna Murari Tripathi Counsel for Opposite Party(s): G.A., Sunil Kumar Singh Neetu And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and further agreed to withdraw the cases going on between them. 6. As per the office report dated 02.04.2024 a report from the Mediation Centre of this Court is on record. 7. Learned counsel for the applicants has produced before the Court judgement and order dated 24.10.2024 passed by the Principal Judge, Family Court, Varanasi in Case No. 378 / 2024 (Smt. Neetu Vs. Hari Mohan) by which a petition petition under Section 13-B of the Hindu Marriage Act has been allowed on the basis of compromise between the parties and the marriage has been dissolved. The copy of the said order is taken on record. 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 22.03.2024 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 out in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7 (e) 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. A482 No. 45584 of 2023 2 11. The present application is allowed. 12. The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed. 13. Pending application (s), if any, shall stand disposed of. October 9, 2025 AS Rathore A482 No. 45584 of 2023 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad