JITENDRA KUSHWAHA AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/31472/2024 · 2025-07-09
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97485 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97485 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:109675 Court No. - 64 Case :- APPLICATION U/S 482 No. - 31472 of 2024 Applicant :- Jitendra Kushwaha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Tiwari Counsel for Opposite Party :- Abhishek,Brajesh Kumar,G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Atul Kumar Tiwari, learned counsel for the applicants, Sri Brajesh Kumar, learned counsel for the opposite party no. 2, Sri Bade Lal Bind, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire Criminal Proceedings of Complaint No. 15/2023, in Case of Smt. Anuradha vs. Jitendra Kushwaha and others, under Sections 498A, 323 I.P.C. and Section 3/4 D.P. Act, which is initiated vide order dated 03.8.2024 summoning the applicants in person on 12.09.2024, under Section 204 Cr.P.C. passed by Judicial Magistrate, Jalaun at Orai vide
order as contained in Annexure No. 15, arising out complaint no. 15/2023, in case of Smt. Anuradha vs. Jitendra Kushwaha and others as contained in Annexure no. 10. It is further prayed to stay the operation, implementation and execution of the further proceedings of said complaint case.
4. The matter was referred to the Mediation Centre of this Court vide order dated 25.09.2025 for making an effort between the parties for settling their disputes amicably.
5. As per report of Mediation Centre dated 24.4.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement.
6. As per the office report dated 17.5.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.
7. 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.
8. Learned counsel for the applicants states that a case under Section 13B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Jalaun as Case No. 188 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 family court. He prayed that a direction for expeditious disposal of the same be given.
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 18.6.2022 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.
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 proceedings as prayed for by the applicant(s).
13. The present application is allowed.
14. The proceedings of the case are hereby quashed.
15. However the concerned Family Court 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. (Samit Gopal,J.)
Order Date :- 10.7.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad