In this quashing application under Section 482 CrPC, the Allahabad High Court quashed the criminal proceedings and summoning order after recording a report that parties successfully mediated and settled their disputes.
Entire proceedings of Complaint Case No.2468/9 of 2018 and the summoning order dated 25.02.2020 were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 91
Case :- APPLICATION U/S 482 No. - 4001 of 2021
Applicant :- Gourav Kumar Gupta And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Jagdish Prasad Mishra, learned counsel for the applicant(s), Sri B.B. Upadhyay, learned counsel for the State and perused the records.
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 Complaint Case No.2468/9 of 2018 (Neha Gupta vs. Gourav Kumar Gupta and others), under Section 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station- Nai Mandi, DistrictMuzaffarnagar, pending in the court of Addl. Chief Judicial Magistrate, Court No. 1, Muzaffarnagar as well as the impugned summoning order dated 25.02.2020 passed by Addl. Chief Judicial Magistrate, Court No. 1, Muzaffarnagar and with the further prayer to stay the further proceedings including summoning order of aforesaid case, during the pendency of present application.
The matter was referred to the Mediation Centre of this Court vide order dated 22.03.2021 for making an effort between the parties for settling their disputes amicably.
As per report of Mediation Centre dated 22.07.2022 the parties have entered into a settlement dated 22.07.2022 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 22.07.2022 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 as well as 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 10:27:50 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the proceedings under Sections 498-A IPC and DP Act should be quashed upon successful mediation and settlement.
Whether the summoning order in the aforesaid complaint case should be quashed.
Colour shows how this judgement treated each authority
B.S. Joshi and others Vs. State of Haryana and anotherFollowed¶13
B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675 · Who else cites this
Nikhil Merchant Vs. Central Bureau of InvestigationFollowed¶13
Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677 · Who else cites this
Manoj Sharma Vs. State and othersFollowed¶13
Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1 · Who else cites this
Gian Singh Vs. State of PunjabFollowed¶13
Gian Singh Vs. State of Punjab: (2012) 10 SCC 303 · Who else cites this
Shaifullah and others Vs. State of U.P. And anotherFollowed¶13
Shaifullah and others Vs. State of U.P. And another
Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and anotherFollowed¶13
Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 · Who else cites this
6 provisions across 3 enactments
Gourav Kumar Gupta and 2 Others
Samit Gopal
Shiv Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
