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2025 DAILYLAW 77750 (ALL)

SHUBHAM GUPTA AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/23197/2024 · 2025-02-27

Samit Gopal

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Judgment text

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Neutral Citation No. - 2025:AHC:28563 Court No. - 78 Case :- APPLICATION U/S 482 No. - 23197 of 2024 Applicant :- Shubham Gupta And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.,Nishi Mehrotra Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Vinod Kumar Srivastava, learned counsel for the applicants, Ms. Nishi Mehrotra, learned counsel for the opposite party no. 2 and 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 applicants Shubham Gupta, Ashok Kumar Gupta and Smt. Usha Devi with the prayer to quash the charge sheet dated 11.04.2024 as well as cognizance order dated 11.06.2024 in Case No. 360 of 2024 (State vs. Shubham Gupta and others), Case Crime No. 107 of 2024, under Sections 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Fatehpur, pending in the Court of Civil Judge (J.D.)/F.T.C. (Crime Against Women), Fatehpur. 4. The matter was referred to the Mediation Centre of this Court vide order dated 31.07.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 08.11.2024, 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 11.02.2025, 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 on condition that the applicants shall pay an amount of Rs.9,00,000/- to opposite party no. 2 Smt. Maya Gupta. The said amount has already been paid by the applicants on 28.10.2024, therefore the impugned proceedings/summoning order/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 08.11.2024 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(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/summoning order as prayed for by the applicants. 12. The present application is allowed. 13. The charge sheet, impugned cognizance order dated 11.06.2024 and proceedings of the aforesaid case are hereby quashed. (Samit Gopal,J.) Order Date :- 28.2.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad