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Neutral Citation No. - 2025:AHC:116032 Court No. - 64 Case :- APPLICATION U/S 482 No. - 3190 of 2024 Applicant :- Asit Sahu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Notice issued to the opposite party no.2 vide order dated 03.03.2025 has been served through heirs as per office report dated
05.05.2025. Despite service of notice, no one appears on behalf of the opposite party no.2. 3. Heard Ms. Priyanka Devi Sharma, learned counsel for the applicants and Sri V.D. Ojha, learned counsel for the State and perused the records. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants Asit Sahu, Ashish Sahu and Rakesh Sahu with the prayer to quash the entire criminal case No. 733/2022 (CNR No. UPMB180011662022) (State Vs. Rakesh Sahu and others), pending in the court of Judicial Magistrate, Kulpahad, District Mahoba arising out of case crime No. 26 of 2021, under Sections 323, 498-A IPC and Section 3/4 D.P. Act, Police Station Kulpahad, District Mahobad along with charge sheet No. 62/2021 dated 20.03.2021 and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 01.04.2024 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 26.11.2024 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 05.11.2024. 7. As per the office report dated 20.02.2025 a report from the
Mediation Centre of this Court is on record. 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 26.11.2024 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-f of the said mediation report. 9.
Learned counsel for the applicants submits that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Mahoba as Matrimonial Case No. 367 of 2024. Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court, Mahoba. He prayed that a direction for expeditious disposal of the same be given. 10. Learned counsel for the State has no objection to the said proposition. 11. 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. 12. 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). 13. The present application is allowed. 14. The entire proceedings along with charge sheet No. 62/2021
dated 20.03.2021 of the aforesaid case are hereby quashed. 15. However, the Principal Judge, Family Court, Mahoba is
directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order. (Samit Gopal, J.)
Order Date :- 17.7.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad