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2025 DAILYLAW 8401 (ALL)

PANKAJ KUMAR VERMA AND 3 OTHERS v. State of UP AND ANOTHER

A482/956/2024 · 2025-07-15

Samit Gopal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:115180 Court No. - 64 Case :- APPLICATION U/S 482 No. - 956 of 2024 Applicant :- Pankaj Kumar Verma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh,G.A.,Kapil Tiwari Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Kapil Tiwari, learned counsel for the applicants, Sri V.D. Ojha, 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-Pankaj Kumar Verma, Gyan Devi, Smt. Sadhana Yadav and Sudhir Kumar with the prayer to quash the Charge Sheet No.105 of 2022 dated 10.7.2022 and summoning order dated 8.9.2022 passed by Additional Chief Judicial Magistrate-10, Allahabad as well as entire criminal proceedings of Case No.1622 of 2022 (State Vs. Pankaj Kumar Verma and others) arising out of Case Crime No.70 of 2022, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Shivkuti, District Prayagraj pending in the court of Additional Civil Judge (Junior Division) 21, Allahabad 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 29.1.2024 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 12.9.2024, a report from the Mediation Centre of this Court is on record. 6. As per report of Mediation Centre dated 11.7.2024, the parties have entered into an interim settlement and 2nd interim settlement dated 30.5.2024 and 13.6.2024 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.1259 of 2024 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 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. 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, Prayagraj 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 :- 16.7.2025/Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad