Allowed

Kamal Ahmad and Ors. v. State of U.P. and Anr.

Allahabad HC21 Jul 2023/5165/2019

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash a charge-sheet and a summoning order. The court relied on a settlement agreement reached in mediation, noting that the matrimonial dispute had been amicably resolved and no useful purpose would be served by continuing criminal proceedings.

What did the court decide?

Charge-sheet dated 04.01.2019 and summoning order dated 26.02.2019 are quashed.

Kamal Ahmad and Ors. Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:48204

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 5165 of 2019

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Applicant :- Kamal Ahmad And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A.,Anil Kumar Tiwari,Indra Pratap Singh

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 04.01.2019 filed in Case Crime No.315 of 2018 (in respect of applicant Nos.1 and 2), under Sections 323, 504, 506, 354 I.P.C. and (in respect of applicant Nos.3 and 4), under Sections 323, 504, 506 I.P.C., Police Station Cantt., District Faizabad as well as summoning order dated 26.02.2019 passed by Additional Chief Judicial Magistrate-I, Faizabad in Case No.558 of 2019.

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It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This court vide order dated 24.05.2022 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 21.03.2023 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para-6 of the settlement agreement dated 21.03.2023.

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Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR

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SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466 . Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

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In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

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Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 21.03.2023 before the Mediation and Conciliation Centre of this Court, the present application is allowed and charge-sheet dated 04.01.2019 filed in Case Crime No.315 of 2018 (in respect of applicant Nos.1 and 2), under Sections 323, 504, 506, 354 I.P.C. and (in respect of applicant Nos.3 and 4), under Sections 323, 504, 506 I.P.C., Police Station Cantt., District Faizabad as well as summoning order dated 26.02.2019 passed by Additional Chief Judicial Magistrate-I, Faizabad in Case No.558 of 2019 are hereby quashed.

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Order Date :- 21.7.2023

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Amit/-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Kamal Ahmad and Ors. v. State of U.P. and Anr.

Case brief

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Kamal Ahmad and Ors. v. State of U.P. and Anr.

Case brief

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