In an application under Section 482 Cr.P.C. seeking quashing of proceedings in a dowry/cruelty case, the court relied on a successful mediation settlement report to quash the entire case, citing settled Supreme Court law on settlement-based quashing.
The entire proceedings of the cited case were quashed by this order.
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. - 5479 of 2018
Applicant :- Shashank Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Arun Srivastav,Rammani Giri Counsel for Opposite Party :- G.A.,Abrar Ahmad Siddiqui
Hon'ble Samit Gopal,J.
List revised.
No one appears on behalf of the applicants to press this application under Section 482 Cr.P.C. Sri Raj Kumar Gupta, learned counsel for the State is present.
Sri Abrar Ahmad Siddiqui, learned counsel for the private respondent is also not present even when the matter has been taken up in the revised call.
The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.
Perused the records.
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 entire proceeding in pursuance of impugned charge sheet dated 07.11.2017 in Case No. 1967 of 2017 arising out of Case Crime No. 155 of 2017 (State of U.P. Vs. Shashank Singh & others), under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Atarsuiya, District Allahabad pending in the court of learned Addl. Chief Judicial Magistrate, Court No. 5 and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.
The matter was referred to the Mediation Centre of this Court vide order dated 20.02.2018 for making an effort between the parties for settling their disputes amicably.
As per report of Mediation Centre dated 15.09.2018 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them in view of interim settlement agreement dated 28.07.2018.
As per the office report dated 04.8.2022, 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 15.09.2018 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, the said fact is mentioned in para 6-h 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 passed in the aforesaid case is hereby quashed.
Office is directed to communicate this order to the concerned court within two weeks from today.
Order Date :- 10.8.2022 M. ARIF
(Samit Gopal, J.)
Digitally signed by MOHAMMAD ARIF Date: 2022.08.10 17:39:36 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the criminal proceedings can be quashed in view of the successful settlement reached between the parties through mediation.
Whether the High Court has the power to exercise jurisdiction under Section 482 Cr.P.C. to quash the FIR and proceedings upon settlement.
Whether the application under Section 482 Cr.P.C. should be allowed given the mediation success report.
Colour shows how this judgement treated each authority
B.S. Joshi and others Vs. State of Haryana and anotherFollowed¶16
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¶16
Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677 · Who else cites this
Manoj Sharma Vs. State and othersFollowed¶16
Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1 · Who else cites this
Gian Singh Vs. State of PunjabFollowed¶16
Gian Singh Vs. State of Punjab: (2012) 10 SCC 303 · Who else cites this
Shaifullah and others Vs. State of U.P. And anotherFollowed¶16
Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278
Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and anotherFollowed¶16
Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 · Who else cites this
1 provisions across 1 enactments
Shashank Singh & 2 Others
Samit Gopal
M. Arif
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
