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2025 DAILYLAW 65690 (ALL)

HASAN MOHAMMAD AND 5 OTHERS v. State of UP AND ANOTHER

A482/16972/2024 · 2025-03-06

Samit Gopal

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Judgment text

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Neutral Citation No. - 2025:AHC:33281 Court No. - 78 Case :- APPLICATION U/S 482 No. - 16972 of 2024 Applicant :- Hasan Mohammad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Mishra,Suneel Kumar Mishra Counsel for Opposite Party :- G.A.,Mamata Arya,Surendra Kumar Jaiswal,Tripti Yadav Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Suneel Kumar Mishra, learned counsel for the applicants, Sri Surendra Kumar Jaiswal, learned counsel for the opposite party no.2, 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-Hasan Mohammad, Najar Mohammad, Smt. Fatima Nisha, Abdul Gaffar, Smt. Guddu Nisha and Sareer Mohammad with the prayer to allow the present application and quash the entire proceeding as well as charge sheet dated 13.8.2023 along with cognizance order dated 30.03.2024 passed by Civil Judge (J.D.)/Judicial Magistrate, Duddhi Sonebhadra, in Case No. 897 of 2024 (State Vs. Hasan Mohammad and others), arising out of Case Crime No. 0070 of 2023, under Sections 498A, 323 I.P.C. and 3/4 of D.P. Act, Police Station Myorpur, District Sonebhadra and consequential proceeding of the case and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application. 4. The matter was referred to the Mediation Centre of this Court vide order dated 22.5.2024 for making an effort between the parties for settling their disputes amicably. The dispute between the parties is matrimonial in nature. 5. As per the office report dated 6.2.2025, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 26.09.2024, the parties have amicably settled their dispute and further decided to live separately and further agreed to withdraw the cases going on between them. 7. Learned counsel for the applicants has produced a demand draft of Rs.100000/- (One Lakh only) in favour of opposite party no.2/wife, the photocopy of the same has been produced before the Court which is taken on record, the same is being handed over to learned counsel for the opposite party no.2 in compliance of Clause 7(d) of settlement agreement dated 26.9.2024 entered into between the parties before the mediation and conciliation centre of this Court. 8. Learned counsel for the opposite party no.2 accepts the same. He shall be endorsing the receipt of the same on the order sheet of the present matter today. He submits that he has no objection to the same. 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 applicant(s). 11. The present application is allowed. 12. The entire proceedings of the aforesaid case, charge sheet as well as cognizance order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 7.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad