Allowed

Pritanshu Singh and Another v. State of U.P. and Another

Allahabad HC6 Aug 2022A482/3332/2021

Case brief

AI extract

What is this about?

In a quashing application u/s 482 Cr.P.C., the Single Judge noted a successful mediation and settlement between the applicant and the State. Relying on Supreme Court precedents, the Court held the case suitable for quashing on the basis of settlement and disposed of the matter.

What did the court decide?

The charge-sheet, cognizance order, and entire proceedings in the criminal case are quashed.

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

¶1

Court No. - 91

¶2

Case :- APPLICATION U/S 482 No. - 3332 of 2021

¶3

Applicant :- Pritanshu Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh,Kartikeya Saran Counsel for Opposite Party :- G.A.,Gautam Baghel

¶4

Hon'ble Samit Gopal,J.

¶5

List revised.

¶6

Heard Sri Kartikey Saran assisted by Shri Arvind Kumar Singh, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State, Shri Shivendra Srivastava, Advocate holding brief of Shri Arvind Rajwal, learned counsel for the private respondents and perused the records.

¶7

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 23.10.2020 arising out of Case Crime No.1088 of 2020, under Section 498-A, 376, 377, 406, 469, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station- Cantt., District- Varanasi, pending in the court of Chief Judicial Magistrate, Gorakhpur as well as the impugned cognizance order dated 5.11.2020 and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

¶8

The matter was referred to the Mediation Centre of this Court vide order dated 01.07.2021 for making an effort between the parties for settling their disputes amicably.

¶9

As per report of Mediation Centre dated 06.07.2022 the parties have entered into an interim settlement dated 11.05.2022 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶10

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.

¶11

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 11.05.2022 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

¶12

withdraw the cases going on between them, the said fact is mentioned in para- 7 of the said mediation report.

¶13

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.

¶14

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).

¶15

The present application is allowed .

¶16

The entire proceedings of the aforesaid case, charge-sheet as well as cognizance order passed in the aforesaid case are hereby quashed.

¶17

Office is directed to communicate this order to the concerned court within two weeks from today.

¶18

(Samit Gopal,J.)

¶19

Order Date :- 6.8.2022 Shiv

¶20

Digitally signed by SHIV KUMAR SHARMA Date: 2022.08.10 16:08:53 IST Reason: Location: High Court of Judicature at Allahabad

Pritanshu Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pritanshu Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chhedalal Vs State of U.P. and 7 Others

Sanjeev Kumar @ Sanjeev Sangwan Vs State of U.P. and Anther

Sudesh Vs State

Mohammad Ali Vs State of U.P. and Another

Manish Hemdev and 2 Others Vs State of U.P. and Another

Gourav Kumar Gupta and 2 Others Vs State of U.P and Another