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2025 DAILYLAW 70287 (ALL)

SIDDHARTH YADAV AND ANOTHER v. State of UP AND ANOTHER

A482/19427/2024 · 2025-05-26

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90149 Court No. - 64 Case :- APPLICATION U/S 482 No. - 19427 of 2024 Applicant :- Siddharth Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar,Ranjana Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Ranjana, learned counsel for the applicants, Sri V.D. Ojha, learned counsel for the State and perused the records. 3. Notice was issued to the opposite party no. 2 vide order dated 03.3.2025. Office vide its report dated 05.5.2025 reported that notice has been served personally on the opposite party no. 2 as per the report of C.J.M. concerned which is dated 11.4.2025. Despite service no one appears on her behalf even in the revised list. Service of notice is thus sufficient. 4. A second supplementary affidavit dated 26.5.2025 has been filed today by learned counsel for the applicants in Court which is taken on record. 5. The present application under Section 482 Cr.P.C. has been filed by the applicants Siddharth Yadav (husband), Ram Prasad Yadav (father-in-law) with the prayer to quash/set aside the impugned summoning order dated 11.8.2023 passed by the learned Metropolitan Magistrate-VII, Kanpur Nagar, in Complaint Case No. 8996/2022 (Arti Singh vs. Siddharth Yadav and others), under Sections 498A, 323, 504, 506 I.P.C., Police Station- Kalyanpur, District- Kanpur Nagar, as well as the entire proceedings of the aforesaid complaint case pending in the court of learned Metropolitan Magistrate-VII, Kanpur Nagar. It is further prayed to stay the effect and operation of the said impugned summoning order as well as the further proceeding of the said case during pendency of this application. 6. The matter was referred to the Mediation Centre of this Court vide order dated 10.6.2024 for making an effort between the parties for settling their disputes amicably. 7. As per report of Mediation Centre dated 24.10.2024 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement. 8. As per the office report dated 20.2.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 9. 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 24.10.2024 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 7(छ) of the said mediation report. 10. While placing para nos. 5 and 7 of the supplementary affidavit and Annexure No. S.A.-1 to the same it is submitted by learned counsel for the applicants that case under Section 13B of the Hindu Marriage Act pending before the Family Court concerned has been decided vide the judgement and decree dated 09.5.2025. 11. It is submitted that in view of the said facts and circumstances of the case, the impugned summoning order as well as the proceedings of the said case be quashed. 12. Learned State counsel could not dispute the factum of compromise between the parties and disposal of the case under Section 13B of the Hindu Marriage Act. 13. 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. 14. 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 and the summoning order as prayed for by the applicant(s). 15. The present application is allowed. 16. The proceedings of the said case as well as the impugned summoning order dated 11.8.2023 are hereby quashed. (Samit Gopal, J.) Order Date :- 27.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad