ABHINAV DWIVEDI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/47237/2023 · 2025-03-03
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66066 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66066 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30279 Court No. - 78 Case :- APPLICATION U/S 482 No. - 47237 of 2023 Applicant :- Abhinav Dwivedi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Gautam,Vimlesh Gautam Counsel for Opposite Party :- G.A.,Kunwar Pankaj Singh,Vikas Srivastava Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Raj Kumar Gautam, learned counsel for the applicant, Sri Vikas Srivastava, learned counsel for the opposite party no.2, Sri Ajay Singh, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and set aside/quash the entire proceeding as well as summoning
order dated 11.07.2023 arsing out of Complaint Case No. 33 of 2022 [Computer Case No. 11618 of 2022( Smt. Rashmi Sharma Vs. Abhinav Dwivedi and others), under Section 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Kotwali Nagar, District Bulandshahar pending in the court of learned Chief Judicial Magistrate, Bulandshahar 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 03.01.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 16.10.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 17.02.2025, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 7. Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant no. 1(husband) and the
opposite party no. 2(wife) have decided to dissolve heir marriage and live separately and therefore the impugned proceedings/summoning order be quashed on the ground of settlement arrived at between the parties. 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 16.10.2024 between the parties and the Mediation succeeded and they have decided to live separately. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 6(c) of the said mediation report. 9. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 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/summoning order as prayed for by the applicants. 12. The present application is allowed. 13. The impugned summoning order dated 11.07.2023 and proceedings of the aforesaid case are hereby quashed. (Samit Gopal, J.)
Order Date :- 4.3.2025/Abhishek Sri. Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad