PRASOONJI AGARWAL AND 4 OTHERS v. State of UP AND ANOTHER
A482/25762/2024 · 2025-07-17
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83912 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83912 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:117125 Court No. - 64 Case :- APPLICATION U/S 482 No. - 25762 of 2024 Applicant :- Prasoonji Agarwal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Siddharth Shukla Counsel for Opposite Party :- G.A.,Vikas Srivastava Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Siddharth Shukla, learned counsel for the applicants, Sri V.D. Ojha,
learned counsel for the State and perused the records. Vikas Srivastava, learned counsel for the opposite party no.2 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-Prasoonji Agarwal, Mrs. Rajni Agarwal, Pramod Agarwal, Mrs. Pooja Agarwal and Mr. Anil Kumar Agarwal with the prayer to allow the present application and quash the chargesheet dated 19.10.2022, summoning order dated 15.07.2023 as well as entire proceedings of Criminal Case No.915 of 2023, pending in the court of learned Judicial Magistrate Konch, District-Jalaun (State Vs. Prasoonji and others) arising out of Case Crime No.0071 of 2022, Police Station-Kotwali Konch, District-Jalaun, u/s 498-A, 323, 506 IPC and Section-3/4 D.P. Act 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 24.10.2024 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 13.4.2025, the parties have entered into an interim settlement dated 13.4.2025 and have amicably settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court concerned and the same is registered as Marriage Petition No.746 of 2025 and further agreed to withdraw the cases going on between them. 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 (e) 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 summoning order passed in the aforesaid case are hereby quashed. 13. However, it is provided that the Family Court, Kanpur Nagar shall decide the petition 13-B of the Hindu Marriage Act filed between the parties, by fixing early date/expediting the same. The parties shall be at liberty to file certified copy of this
order before the Family Court concerned which shall then proceed with the matter by fixing an early date and make an endeavour to conclude the same within 45 days of filing of the certified copy of this order. (Samit Gopal, J.)
Order Date :- 18.7.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad