KARAN SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27711/2024 · 2025-07-15
Samit Gopal
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 88793 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88793 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115084 Court No. - 64 Case :- APPLICATION U/S 482 No. - 27711 of 2024 Applicant :- Karan Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A.,Kapil Kumar Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Prashant Yadav, learned counsel for the applicants, Sri Jitendra Singh,
learned counsel for the State and perused the records. Sri Kapil Kumar, learned counsel for the opposite party no.2 is not present even when the matter is taken in the revised list. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Karan Singh, Geeta @ Shanti, Vikram, Chanchal and Hariom, with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 18.07.2024 as well as entire proceedings of Complaint Case No.525 of 2024 (Dauli Vs. Karan Singh and others), under Sections 498-A, 323, 504, 506, 354 I.P.C. and 3/4 D.V. Act, P.S. Gonda, District Aligarh, pending in the Court of Judicial Magistrate, Iglas, Aligarh. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case. 4. The matter was referred to the Mediation Centre of this Court vide order dated 21.10.2024 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 09.03.2025 the parties have entered into an settlement dated 09.03.2025 and have amicably settled their dispute and further agreed to withdraw the cases going on between them. 6. As per the office report dated 16.07.2025 a report from the Mediation Centre of this Court is on record. 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 dated 09.03.2025 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out 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 applicants states that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Aligarh as Case No. 427 of 2025. 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 concerned. He prays that a direction for expeditious disposal of the same be given. 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 applicants. 11. The present application is allowed. 12. The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed. 13. However the Principal Judge, Family Court concerned 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. 14. Office is directed to communicate this order to the concerned court within two weeks from today.
Order Date :- 16.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad