JITENDRA KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/16995/2024 · 2025-07-09
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65118 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65118 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:109601 Court No. - 64 Case :- APPLICATION U/S 482 No. - 16995 of 2024 Applicant :- Jitendra Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- Dhruva Dixit,G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Garun Pal Singh, learned counsel for the applicants, Sri Dhruva Dixit,
learned counsel for the opposite party no.2 and Sri Bade Lal Bind, 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- Jitendra Kumar and Smt. Kusum Devi, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 04.11.2023 and cognizance order dated 08.02.2024 in Case No. 40 of 2024 (State Vs. Jitendra Kumar and another) arising out of Case Crime No. 509 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Sasni Gate, District Aligarh. 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 27.05.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 02.04.2025 the parties have entered into settlement dated 02.04.2025 and have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 09.07.2025 a report from the Mediation Centre of this Court is on record. 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 02.04.2025 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 7 (g) of the said mediation report. The
matter has been settled and the parties being husband and wife have reunited and have decided to live together. 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 applicants. 10. The present application is allowed. 11. The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed. 12. Pending application (s), if any, shall stand disposed of.
Order Date :- 10.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad