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2025 DAILYLAW 78844 (ALL)

HARENDRA SINGH RANU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/23574/2024 · 2025-04-07

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:51552 Court No. - 75 Case :- APPLICATION U/S 482 No. - 23574 of 2024 Applicant :- Harendra Singh Ranu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh,Syed Wajid Ali Counsel for Opposite Party :- G.A.,Syed Mohammed Jafer Husain Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Santosh Kumar Singh, learned counsel for the applicants, Sri Syed Mohammed Jafer Husain, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 16.10.2022 as well as cognizance order dated 29.01.2024 passed by learned Additional Chief Judicial Magistrate, Room No.1, Bareilly, along with entire proceedings of Criminal Case No. 100 of 2024 (State Vs. Harendra Singh Ranu and others) arising out of Case Crime No. 954 of 2022 under section 498-A, 323, 504, 506 I.P.C., Police Station- Baradari, District- Bareilly against applicant no.1 and Section 323, 504, 506 I.P.C. against applicant nos.2 & 3 pending in the court of learned Additional Chief Judicial Magistrate, Room No.1, Bareilly. 3. Facts germane to the present controversy is that applicant no. 1 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings. 4. From the perusal of record, it appears that this Court vide order dated 07.08.2024 considering the fact that the dispute is matrimonial in nature referred this matter to Mediation Centre, High Court, Allahabad. In pursuance of the order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings and settled their dispute. As per the mediation report dated 12.12.2024, a settlement agreement was also entered into between the parties on 12.12.2024. Paragraph no. 7 of the settlement agreement dated 12.12.2024 is being quoted as under: "7. In view of the Interim Settlement Agreement dated 07.11.2024, the following settlement has been arrived at between the Parties hereto: a) That the parties entered into an interim settlement agreement dated 07.11.2024 and decided to live together as husband and wife forgetting all previous disputes and differences. In continuation of the aforesaid interim settlement, the parties appeared and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives. b) That the husband and wife undertake that they shall not take any such action which may hurt either of the parties mentally or physically and shall try to satisfy each other by their activities. c) That the parties undertake not to commit any kind of cruelty against each other in any manner whatsoever. d) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere. e) That the husband undertakes to take care of his wife and children and fulfill all essential requirements and amenities to them in future. f) That the parents or family members of both the parties will not interfere in the married life of husband and wife. g) That it has also been agreed between the parties that all the civil and criminal cases, if any, filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. h) That the parties will not file any fresh case against each other or their family members in respect of present matrimonial dispute. i) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse. j) That this settlement has been read over and explained to the parties in Hindi in presence of their respective counsels and thereafter they have signed this settlement." 5. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 12.12.2024 before the Mediation Centre, High Court, Allahabad, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 6. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 12.12.2024, the proceeding of the aforesaid case is hereby quashed. 7. The present petition is, accordingly, allowed. Order Date :- 8.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad