The High Court quashed criminal proceedings under Section 482 Cr.P.C. after a mediation report confirmed an amicable settlement and agreement by parties to withdraw pending cases.
Quashed the charge-sheet, cognizance order, and summoning order; directed office to communicate the order to the concerned court.
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Court No. - 91
Case :- APPLICATION U/S 482 No. - 2708 of 2021
Applicant :- Manish Hemdev And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.,Neeraj Kumar Srivastava,Shikhar Awasthi
Hon'ble Samit Gopal,J.
List revised.
Learned counsel for the applicant and Sri Neeraj Kumar Srivastava, Shikhar Awasthi, learned counsels 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 applicant with the prayer to allow the present application and quash the charge-sheet dated 26.6.2020 arising out of Case Crime No.831 of 2019, under Section 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police StationBhelupur, District- Varanasi, pending in the court of Addl. Chief Judicial Magistrate 3rd, Varanasi as well as the impugned cognizance/ summoning order dated 11.11.2020 passed by Addl. Chief Judicial Magistrate 3rd, Varanasi and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.
The matter was referred to the Mediation Centre of this Court vide order dated 09.02.2021 for making an effort between the parties for settling their disputes amicably.
As per report of Mediation Centre dated 13.07.2022 the parties have entered into a settlement dated 13.07.2022 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.
As per the office report dated 5.8.2022, 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 13.07.2022 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- 6 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, charge-sheet as well as cognizance/ 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 :- 6.8.2022 Shiv
Digitally signed by SHIV KUMAR SHARMA Date: 2022.08.10 10:28:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. upon settlement between parties via mediation.
Colour shows how this judgement treated each authority
B.S. Joshi and others Vs. State of Haryana and anotherFollowed¶14
(2003)4 SCC 675 · Who else cites this
Nikhil Merchant Vs. Central Bureau of InvestigationFollowed¶14
(2008) 9 SCC 677 · Who else cites this
Manoj Sharma Vs. State and othersFollowed¶14
(2008) 16 SCC 1 · Who else cites this
Gian Singh Vs. State of PunjabFollowed¶14
(2012) 10 SCC 303 · Who else cites this
Shaifullah and others Vs. State of U.P.Followed¶14
2013 (83) ACC 278
1 provisions across 1 enactments
Manish Hemdev And 2 Others
State of U.P.
Samit Gopal
Shiv Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
