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2025 DAILYLAW 75793 (ALL)

DEEPAK TOMAR AND 4 OTHERS v. State of UP AND ANOTHER

A482/22206/2024 · 2025-07-17

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117160 Court No. - 64 Case :- APPLICATION U/S 482 No. - 22206 of 2024 Applicant :- Deepak Tomar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Kavita Tomar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicants, Sri V.D. Ojha, learned counsel for the State and perused the records. Ms. Kavita Tomar, learned counsel for the private respondent is not present even when the matter has been taken up in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Deepak Tomar, Devendra, Smt. Nemwati @ Rani, Sunil and Moni with the prayer to allow the present application and quash the impugned charge-sheet dated 15.2.2023 and cognizance/summoning order dated 10.4.2023 passed by Civil Judge (Jr. Div)/Fast Track Court-1 (Crime Against Women), Ghaziabad as well as entire proceeding of Case No. 95025 of 2023 (State vs. Deepak Tomar and others), arising out of Case Crime No. 282 of 2022, under Sections - 498-A, 323, 504, 406 I.P.C. and Section - 3/4 of D.P. Act, Police Station - Mahila Thana, District - Ghaziabad, pending in the court of Civil Judge (Jr. Div)/Fast Track Court-1 (Crime Against Women), Ghaziabad 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 12.8.2024 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 11.3.2025, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 17.12.2024 and 21.1.2025. 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 (g) of the said mediation report. 8. Learned counsel for the State has 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, Charge Sheet as well as cognizance/summoning 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