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2025 DAILYLAW 65908 (ALL)

SHWETANK JAISWAL AND 4 OTHERS v. State of U.P. AND ANOTHER

A482/17337/2024 · 2025-03-06

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33287 Court No. - 78 Case :- APPLICATION U/S 482 No. - 17337 of 2024 Applicant :- Shwetank Jaiswal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Prakash Mishra Counsel for Opposite Party :- G.A.,Nishith Tripathi Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Hari Prakash Mishra, learned counsel for the applicants, Sri Nishith Tripathi, learned counsel for the State and perused the records. Sri Bade Lal Bind, learned counsel for the private respondent is not present. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Shwetank Jaiswal, Usha Jaiswal, Udita Jaiswal, Sanjay Jaiswal and Divyansh Jaiswal, with the prayer to allow the present application and quash the entire proceedings as well as cognizance/summoning order dated 29.3.2024 in Criminal Case No. 113 of 2024 (State Vs. Shwetank Jaiswal and another) including charge sheet dated 04.11.2023 arising out of Case Crime No. 346 of 2023 under Sections 498A, 323, 504, 506, 406, 354, 354(A) I.P.C. and 3/4 D.P. Act, Police Station Colonelganj, District Prayagraj, pending in the court of Civil Judge (J.D.), Court No. 21, Allahabad. 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 23.05.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 12.11.2024 the parties have entered into an settlement dated 12.11.2024 in view of Interim Settlement dated 04.10.2024 and have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 19.02.2025 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 12.11.2024 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 7 (f) of the said mediation report. 8. Learned counsel for the applicants states that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Allahabad as Case No. 2141 of 2024. Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court concerned. He prays that a direction for expeditious disposal of the same be given. 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. 13. However the Principal Judge, Family Court concerned is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order. 14. Office is directed to communicate this order to the concerned court within two weeks from today. Order Date :- 7.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad