Allowed

Shakti Gupta and 2 Others v. State of U.P. and Another

Allahabad HC17 Aug 2022A482/2487/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Allahabad High Court allowed the quashing of criminal proceedings initiated against the applicant. The matter had been referred to the Court's Mediation Centre, where the parties successfully settled their grievances, agreed to withdraw pending cases, and decided to reunite as husband and wife. Relying on settled legal principles regarding settlemen

What did the court decide?

The application under Section 482 Cr.P.C. was allowed and the entire proceeding of the case (S.T. No. 1600 of 2020) was quashed.

Shakti Gupta and 2 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 2487 of 2021

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Applicant :- Shakti Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Ojha Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh

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Hon'ble Samit Gopal,J.

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List revised.

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No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. Sri Dinesh Kumar Singh, learned counsel for the private respondent is also not present.

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Sri S.B. Maurya, learned counsel for the State is present.

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The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

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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 S.T. No. 1600 of 2020, State vs. Shakti Singh, arising out of Charge Sheet No. 110 of 2020, dated 13.6.2020, arising out of Case Crime NO. 0111 of 2020, under Section 498-A, 323 IPC and Section 3/4 of D.P. Act, 1961, Police Station Barasar, District Ghazipur, and with the further prayer to stay the entire criminal proceedings of aforesaid case, during the pendency of present application.

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The matter was referred to the Mediation Centre of this Court vide order dated 10.2.2021 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 1.5.2022 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 26.3.2022. Further the husband and the wife have decided to reunite and live together as stated in para- 7(a) of the settlement agreement.

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As per the office report dated 3.8.2022, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation

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proceedings were taken up which ended in a settlement dated 1.5.2022 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The husband and the wife have decided to reunite and live together as stated in para- 7(a) of the settlement agreement. 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.

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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.

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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).

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The present application is allowed.

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The entire proceeding of the aforesaid case is hereby quashed.

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Office is directed to communicate this order to the concerned court within two weeks from today.

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(Samit Gopal,J.)

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Order Date :- 17.8.2022 Naresh

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Digitally signed by NARESH KUMAR Date: 2022.08.18 18:28:54 IST Reason: Location: High Court of Judicature at Allahabad

Shakti Gupta and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Shakti Gupta and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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