Allowed

Raja Chaudhary and 4 Others v. State of U.P. and Another

Allahabad HC16 Aug 2022A482/2802/2020

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings. Relying on a successful mediation report, the court exercised its inherent powers to quash the charge-sheet and cognizance order as the dispute had been amicably settled.

What did the court decide?

The charge-sheet no. 170 of 2019 and the cognizance order dated 09.10.2019 are quashed, and pending proceedings are stayed.

Raja Chaudhary and 4 Others 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. - 2802 of 2020

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Applicant :- Raja Chaudhary And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Belal 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 Mohammad Belal, learned counsel for the applicants and Sri Sanjay Kumar Singh, 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 charge-sheet no. 170 of 2019 dated 14.09.2019 in Case Crime No. 0235 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Babugarh, District Hapur including cognizance order dated 09.10.2019 passed by the Court of Additonal District Judge/Fast Track Court-I, Hapur in Sessions Trial No. 371 of 2019 (State Vs. Reeta and others) pending in the Court of Additonal District Judge/Fast Track Court-I, Hapur. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case.

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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 26.10.2021 the parties have entered into settlement dated 26.10.2021 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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As per the office report dated 03.08.2022 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 proceedings were taken up which ended in a settlement dated 26.10.2021 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

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case is in para no. 7 (e) 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 14.09.2019 and cognizance order dated 09.10.2019 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 12:31:06 IST Reason: Location: High Court of Judicature at Allahabad

Raja Chaudhary and 4 Others v. State of U.P. and Another

Case brief

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Raja Chaudhary and 4 Others v. State of U.P. and Another

Case brief

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