Allowed

vijay kunawar jaiswal v. state of up and another

Allahabad HC4 Aug 2022A482/2805/2018

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C., holding that the criminal proceedings arising under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act be quashed due to a successful mediation settlement between the applicant and the State.

What did the court decide?

Quashed the entire proceedings of Criminal Case No.13504 of 2016; directed office to communicate order within two weeks.

vijay kunawar jaiswal Vs state of up and another — Bail and Remand | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 2805 of 2018

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Applicant :- Vijay Kunawar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Wajid Ali Counsel for Opposite Party :- G.A.,Manoj Kumar

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Syed Wajid Ali, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the records. Sri Manoj Kumar, learned counsel for the private respondent is not present.

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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 proceeding of Criminal Case No.13504 of 2016 (State Vs. Vijay and others) under Section 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Shahpur, District Gorakhpur pending in the court of Addl. Chief Judicial Magistrate, IIIrd, Gorakhpur arising out of charge sheet dated 26.8.2015 and with the further prayer to stay the further 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 6.2.2018 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 11.5.2018 the parties have entered into a settlement dated 11.5.2018 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 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 medication proceedings were taken up which ended in a settlement dated 11.5.2018 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.

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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

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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 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.) Order Date :- 4.8.2022 Gaurav

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Digitally signed by GAURAV KULSHRESTHA Date: 2022.08.05 11:10:40 IST Reason: Location: High Court of Judicature at Allahabad

vijay kunawar jaiswal v. state of up and another

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vijay kunawar jaiswal v. state of up and another

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