Allowed

Rahul and 4 Others v. State of U.P. and Another

Allahabad HC18 Jul 2023A482/38212/2022

Case brief

AI extract

What is this about?

This Court allowed an application under Section 482 Cr.P.C. to quash the charge sheet and cognizance order. Based on a successful mediation report indicating an amicable settlement and mutual agreement to withdraw pending cases between the applicant family and the state, the Court quashed the proceedings referencing settled precedents on case quashing upon settlement.

What did the court decide?

The charge sheet and cognizance order passed in the case are quashed. The office is directed to communicate the order to the concerned court within two weeks.

Rahul and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:142940

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 38212 of 2022

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Applicant :- Rahul And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Dhirendra Kumar Srivastava, Advocate holding brief of Sri Vikash Chandra Tiwari, learned counsel for the applicants, Sri Ajay Singh, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Rahul, Smt. Vimlesh, Govind, Radhika and Vandana with the prayer to quash the charge sheet No. 342/2019 dated 20.08.2019 whereby the learned Chief Judicial Magistrate taken cognizance on dated 13.09.2019 in Case No. 22573 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Kotwali, District Ghaziabad arising out of case crime no. 482 of 2019, pending before ACJ (S.D.), Ghaziabad (State Vs. Rahul and others) 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 13.12.2022 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 18.05.2023 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them in view of settlement agreement dated 18.05.2023.

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As per the office report dated 18.07.2023, a report from the Mediation Centre of this Court is on record.

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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 mediation

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proceedings were taken up which ended in a settlement dated 18.05.2023 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 7-f of the said mediation report.

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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.

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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 charge sheet as well as cognizance order passed in 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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Order Date :- 18.7.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Rahul and 4 Others v. State of U.P. and Another

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Rahul and 4 Others v. State of U.P. and Another

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