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2025 DAILYLAW 68295 (ALL)

KRISHNA KUMAR AND 5 OTHERS v. State of U.P. AND ANOTHER

A482/18546/2024 · 2025-02-06

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17534 Court No. - 78 Case :- APPLICATION U/S 482 No. - 18546 of 2024 Applicant :- Krishna Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A.,Pavanesh Mishra Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Srinath Mishra, Advocate holding brief of Sri Santosh Kumar Dubey, learned counsel for the applicants, Sri Triveni Saran Rai, 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, namely, Krishna Kumar, Chaman Yadav @ Chaman Pal, Sangeeta, Pinky, Shobhit and Poonam with the prayer to quash the entire proceeding including charge sheet dated 20.08.2023 and cognizance order dated 02.11.2023 in Case No. 296 of 2023 (State vs. Krishna Yadav and others) registered with Case Crime No. 0090 of 2023, under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, against the applicant nos. 2 and 3 and Sections 498-A, 323, 506 I.P.C,. against the applicant nos. 3 to 6 at Police Station Wave City, Gramin (Commissionerate Ghaziabad), District Ghaziabad, pending in the court of learned Additional Civil Judge (J.D.), Court No. 1, Ghaziabad. 4. The matter was referred to the Mediation Centre of this Court vide order dated 31.05.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 19.09.2024, 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 05.02.2025, 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 the applicant no. 1 Krishna Kumar has died on 30.07.2024 as such the settlement has entered into between the applicant no. 2 Chaman Yadav @ Chaman Pal and Opposite party no. 2. The parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court on condition that the applicant no. 2 shall pay amount of Rs.17,00,000/- to opposite party no. 2 towards her all financial claims and the same has already been paid to opposite party no. 2, therefore the impugned proceedings/charge sheet 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 19.09.2024 between the parties and the Mediation succeeded. 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 8(d) 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/charge sheet order as prayed for by the applicants. 12. The present application is allowed. 13. The impugned charge sheet and proceedings of the aforesaid case are hereby quashed. (Samit Gopal,J.) Order Date :- 6.2.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad