Allowed

Mohd. Rahuf Quaraishi and 3 Others v. State of U.P.and Another

Allahabad HC18 Aug 2022A482/25328/2021

Case brief

AI extract

What is this about?

The Single Bench allowed an application under Section 482 Cr.P.C. to quash criminal proceedings for domestic violence offences. The Court was satisfied that the parties had successfully settled their dispute through mediation and agreed to withdraw cases, thereby exercising inherent powers to quash the FIR, charge sheet, and summoning order.

What did the court decide?

The entire proceedings including the charge sheet no. 97 of 2017 and the summoning order passed on 30.5.2018 are quashed.

Mohd. Rahuf Quaraishi and 3 Others Vs State of… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 25328 of 2021

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Applicant :- Mohd. Rahuf Quaraishi And 3 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shubham Counsel for Opposite Party :- G.A.,Saurabh Yadav

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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 applicants to press this application under Section 482 Cr.P.C. Sri Saurabh Yadav, learned counsel for the private respondent is also not present. Sri Ankit Srivastava, 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 applicant with the prayer to allow the present application and quash the entire proceedings along with charge sheet no. 97 of 2017, dated 7.12.2017 along with the summoning order dated 30.5.2018, under Section 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, arising out of Case Crime No. 40 of 2016, Police Station Mahila Thana, District Mathura, and its consequential proceedings and with the further prayer to stay the further proceedings including charge sheet and summoning order 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 22.12.2021 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 3.4.2022 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. Further the husband and the wife have started to 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 3.4.2022 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.

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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 proceedings of the aforesaid case and charge sheet as well as summoning order passed in the aforesaid case are 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 :- 18.8.2022 Naresh

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Digitally signed by NARESH KUMAR Date: 2022.08.22 11:21:05 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Rahuf Quaraishi and 3 Others v. State of U.P.and Another

Case brief

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What did the court decide?

Mohd. Rahuf Quaraishi and 3 Others v. State of U.P.and Another

Case brief

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What did the court decide?

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