Allowed

Manoj Kumar and 2 Ors. v. State of U.P. and Anr.

Allahabad HC4 Aug 2022A482/5813/2019

Case brief

AI extract

What is this about?

Single judge allowed an application under Section 482 Cr.P.C. to quash FIR proceedings under Section 406 IPC. The High Court relied on a successful mediation settlement between the husband and wife applicants and cited Apex Court precedents allowing case quashing upon settlement in matrimonial disputes.

What did the court decide?

The entire proceedings of Complaint Case No.1545 of 2015 u/s 406 IPC are quashed.

Manoj Kumar and 2 Ors. Vs State of U.P. and Anr. — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 5813 of 2019

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Applicant :- Manoj Kumar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. Sri Ankit Srivastava, learned counsel for the State is present.

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The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Complaint Case No.1545 of 2015 (Smt. Neetu Vs. Manoj Kumar and others) u/s 406 IPC, P.S. Indirapuram, District Ghaziabad pending in the court of Addl. Chief Judicial Magistrate, Court No.7, Ghaziabad 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 21.2.2019 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 20.8.2019 the parties have entered into a settlement dated 20.8.2019 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 20.8.2019 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. As per para 6 of the settlement agreement, it is mentioned that the parties being husband and wife had already entered into a settlement before the Mediation Centre at Ghaziabad on 26.6.2019 in respect of their matrimonial dispute.

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The law with regards to quashing of a case on the basis of

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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.) Order Date :- 4.8.2022 Gaurav

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Digitally signed by GAURAV KULSHRESTHA Date: 2022.08.05 11:10:47 IST Reason: Location: High Court of Judicature at Allahabad

Manoj Kumar and 2 Ors. v. State of U.P. and Anr.

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Manoj Kumar and 2 Ors. v. State of U.P. and Anr.

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