SMT MITHLESH AND 3 OTHERS v. State of UP AND ANOTHER
A482/27142/2024 · 2025-08-10
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87932 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87932 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:135553 Court No. - 64 Case :- APPLICATION U/S 482 No. - 27142 of 2024 Applicant :- Smt Mithlesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Pankaj Dwivedi Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant(s), Sri Subhash Singh, Advocate (Roll No. A/S 1297/2024) holding brief of Sri Pankaj Dwivedi, learned counsel for the opposite party No.2 and Sri Sai Girdhar, learned counsel for the State and perused the records. 3. Office to trace out the vakalatnama of Sri Pankaj Dwivedi and place it on record and make a note in the order sheet about it. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants Smt. Mithlesh, Vijay Sharma, Vandana and Hari Prakash with the prayer to allow the present application and quash the charge sheet dated 02.01.2022 and summoning order dated 17.01.2022 passed by Chief Judicial Magistrate, Agra in Case No. 1176 of 2022 (State Vs. Smt. Mithlesh and others) arising out of Case Crime No. 811 of 2021, under Sections 498-A, 323, 307 IPC, Police Station Tajganj, District Agra, 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 07.11.2024 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 20.03.2025 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them in view of said settlement agreement. 7. As per the office report dated 11.08.2025, 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 20.03.2025 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 8-Gha of the said mediation report. 9.
Learned counsel for the State has no objection to the said proposition. 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 as prayed for by the applicant(s). 12. The present application is allowed. 13. The charge sheet dated 02.01.2022 and summoning order dated 17.01.2022 passed in the aforesaid case are hereby quashed. (Samit Gopal, J.) Order Date :- 11.8.2025 M. ARIF Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad