In this Section 482 Cr.P.C. application, the Court quashed criminal proceedings related to dowry harassment following a successful mediation where parties mutually agreed to reunite and withdraw pending cases between them.
The entire proceedings of Criminal Complaint Case No.2518 of 2017 and the summoning order dated 17.01.2018 are quashed.
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Court No. - 91
Case :- APPLICATION U/S 482 No. - 10756 of 2018
Applicant :- Akram And 4 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A.,Rama Shanker Yadav
Hon'ble Samit Gopal,J.
List revised.
Learned counsel for the applicants and Sri Rama Shanker Yadav, learned counsel for the private respondent are not present. Sri Ankit Srivastava, learned counsel for the State is present.
The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to allow the present application and quash the whole proceeding in Criminal Complaint Case No.2518 of 2017 along with summoning order dated 17.01.2018, under Section 498-A, 506 IPC and Section 3/4 of D.P. Act, Police Station Sujanganj, District Jaunpur (Shabnam Vs. Akram and others), pending in the court of Judicial Magistrate-I, Jaunpur and with the further prayer to stay the further proceedings including summoning order of aforesaid case, during the pendency of present application.
The matter was referred to the Mediation Centre of this Court vide order dated 03.04.2018 for making an effort between the parties for settling their disputes amicably.
As per report of Mediation Centre dated 14.09.2018, the parties have entered into a settlement agreement dated 14.09.2018 and have amicably settled their dispute. They have decided to reunite and live together as husband and wife and further agreed to withdraw the cases going on between them.
As per the office report dated 4.8.2022, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.
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 14.09.2018 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 6(f) of the said mediation report.
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.
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).
The present application is allowed.
The entire proceedings of the aforesaid case as well as summoning order passed in the aforesaid case are hereby quashed.
Office is directed to communicate this order to the concerned court within two weeks from today.
(Samit Gopal, J.)
Order Date :- 10.8.2022 Gaurav
Digitally signed by GAURAV KULSHRESTHA Date: 2022.08.10 15:32:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal proceedings under Section 498-A IPC and Dowry Prohibition Act can be quashed upon a final settlement between the parties.
Whether the High Court can exercise its powers under Section 482 Cr.P.C. to quash summoning orders when mediation has succeeded.
Colour shows how this judgement treated each authority
B.S. Joshi and others Vs. State of Haryana and anotherReferred¶14
B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675 · Who else cites this
Nikhil Merchant Vs. Central Bureau of InvestigationReferred¶14
Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677 · Who else cites this
Manoj Sharma Vs. State and othersReferred¶14
Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1 · Who else cites this
Gian Singh Vs. State of PunjabReferred¶14
Gian Singh Vs. State of Punjab: (2012) 10 SCC 303 · Who else cites this
Shaifullah and others Vs. State of U.P. And anotherReferred¶14
Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278
Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and anotherReferred¶14
Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 · Who else cites this
3 provisions across 3 enactments
Akram And 4 Ors
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
