Allowed

Gyan Chandra and Another v. State of U.P. and Another

Allahabad HC16 Aug 2022A482/2657/2020

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. to quash a charge-sheet filed in a case involving Sections 498-A and 506 IPC. After mediation resulted in an amicable settlement and agreement to withdraw pending cases, the Court allowed the application and quashed the proceedings.

What did the court decide?

The application under Section 482 Cr.P.C. is allowed; the proceedings and charge-sheet dated 09.07.2011 are quashed.

Gyan Chandra and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 2657 of 2020

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Applicant :- Gyan Chandra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Dubey,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Santosh Kumar Pandey, learned counsel for the applicants and Sri Raj Kumar Gupta, learned counsel for the State and perused the records.

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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 impugned charge-sheet dated 09.07.2011 on which learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad took cognizance as Case No. 1162 of 2011 (State Vs. Gyan Chandra and another) as Case Crime No. 256 of 2010, under Sections 498-A, 506 I.P.C. & 3/4 D.P. Act, Police Station Cantonment, District Allahabad pending in the Court of Additional Chief Judicial Magistrate, Court No. 17, Allahabad. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the 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 20.01.2020 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 16.03.2020 the parties have entered into settlement dated 16.03.2020 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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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 proceedings were taken up which ended in a settlement dated 16.03.2020 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out in the present matter. The reference of the present case is in para no. 7 (f) of the final settlement between the parties so drawn before the Mediation Centre where they have agreed to withdraw the cases going on between them.

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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 applicants.

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The present application is allowed.

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The proceedings as well as charge-sheet dated 09.07.2011 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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Order Date :- 16.8.2022 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by ABHISHEK SINGH RATHOR Date: 2022.08.17 12:30:38 IST Reason: Location: High Court of Judicature at Allahabad

Gyan Chandra and Another v. State of U.P. and Another

Case brief

What is this about?

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Gyan Chandra and Another v. State of U.P. and Another

Case brief

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