Allowed

Kartik Urf Prince and 3 Ors. v. State of U.P. and Another

Allahabad HC11 Aug 2022A482/28840/2019

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings. The court held that since the parties entered into a settlement via the court's mediation centre and agreed to withdraw pending cases, exercising powers to quash the proceedings was appropriate based on settled legal principles.

What did the court decide?

The entire proceedings of Complaint Case No.111 of 2018 are quashed and the matter is disposed of.

Kartik Urf Prince and 3 Ors. Vs State of… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 28840 of 2019

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Applicant :- Kartik Urf Prince And 3 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balram Singh,Rabindra Bahadur Singh

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Counsel for Opposite Party :- G.A.,Brijesh Kumar Gautam

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Balram Singh, learned counsel for the applicant(s), Sri B.B. Upadhyay, learned counsel for the State and perused the records. Sri Brijesh Kumar Gautam, 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(s) with the prayer to allow the present application and quash the entire proceeding of Complaint Case No.111 of 2018, under Section 498-A, 323, 504, 506, 354 IPC and Section 3/4 of D.P. Act, Police Station Hapur Dehat, District- Hapur, pending in the court of Addl. Chief Judicial Magistrate, Hapur 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 25.07.2019 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 19.02.2020, the parties have entered into an interim settlement dated 08.01.2020 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 19.03.2022, 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 08.01.2020 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

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mentioned in para- 7 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 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 :- 11.8.2022 Shiv

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Digitally signed by SHIV KUMAR SHARMA Date: 2022.08.11 17:32:34 IST Reason: Location: High Court of Judicature at Allahabad

Kartik Urf Prince and 3 Ors. v. State of U.P. and Another

Case brief

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Kartik Urf Prince and 3 Ors. v. State of U.P. and Another

Case brief

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