SHAMBHU SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27674/2024 · 2025-10-08
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88791 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88791 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 27674 of 2024 Court No. - 66 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Sri Rakesh Kumar Upadhyay, learned counsel for the applicants, Ms. Sangeeta Gaur, learned counsel for the opposite party no. 2, Sri Ajay Kishore Shukla, learned counsel for the State and perused the records. 3. Learned counsel for the applicants is permitted to correct the prayer in the present application during the course of the day. 4. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned cognizance order dated 31.10.2023 in pursuance of Charge Sheet dated 17.6.2023 bearing No. A359/2023, having Case No. 9558 of 2024, State vs. Shambu Sharma and others, arising out of Case Crime No. 63 of 2023, under Sections 498A, 323, 506 I.P.C., and 3/4 D.P. Act, P.S.- Hata, District Kushinagar, pending before the Civil Judge (J.D.)/F.T.C., Kushinagar. It is further prayed to stay the cognizance order and further proceedings of the said case during pendency of this application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 20.9.2024 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 20.3.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement. Versus Counsel for Applicant(s) : Rakesh Kumar Upadhyay Counsel for Opposite Party(s) : G.A., Rakesh Kumar Pandey, Sangeeta Gaur, Satish Chand Gupta Shambhu Sharma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
7. As per the office report dated 6.8.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 8. Learned counsel for the applicants argued that it is common ground between the parties that the parties have settled the dispute amicably and therefore the impugned proceedings be quashed on the ground of settlement arrived at between the parties before the Mediation and Conciliation Centre of this Court. 9. Learned counsel for the opposite party no. 2 has no objection to the same. 10.
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 20.3.2025 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 7(Ja) of the said mediation report. 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 cognizance order as prayed for by the applicant(s). 13. The present application is allowed. A482 No. 27674 of 2024 2
14. The impugned cognizance order as prayed for by the applicants is hereby quashed. October 9, 2025 Naresh A482 No. 27674 of 2024 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad