DHARM NARAYAN MISHRA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/22041/2024 · 2025-07-17
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75319 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75319 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:117175 Court No. - 64 Case :- APPLICATION U/S 482 No. - 22041 of 2024 Applicant :- Dharm Narayan Mishra And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Chaturvedi Counsel for Opposite Party :- G.A.,Sandeep Kumar Gupta Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Anuj Chaturvedi, learned counsel for the applicants, Sri Sandeep Kumar Gupta, learned counsel for the opposite party no.2, Sri V.D. Ojha, 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-Dharam Narayan Mishra, Ratiram Mishra, Jay Narayan Mishra, Indra Narayan Mishra, Ram Sukhi @ Ruchi and Pooja Mishra with the prayer to allow the present application and quash the summoning order dated 10.07.2023 passed by Civil Judge (Junior Division)/J.M., Fast Track Court, Etah in Complaint Case No.13677 of 2022 (Ganga Devi Vs. Dharam Narayan and others), under Sections-498A, 323, 506 IPC and Section-3/4 of Dowry Prohibition Act, Police Station-Bagwala, District-Etah, pending in the court of learned Civil Judge (Junior Division)/J.M., Fast Track Court, Etah 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 15.10.2024 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 10.7.2025, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 23.3.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them and further they have decided to reunite and live together rest of their lives in view of interim settlement agreement dated 23.2.2025. 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 between the parties subject to the terms and conditions mentioned therein 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 (f) of the said mediation report. 8.
Learned counsel for the opposite party no.2 as well as learned counsel for the State have no objection to the said proposition. 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 as well as cognizance order passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 18.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad