Allowed

Shubham and Another v. State of U.P. and Another

Allahabad HC17 Nov 2023A482/39256/2022

Case brief

AI extract

What is this about?

The Single Judge allowed an application under Section 482 Cr.P.C. to quash criminal proceedings initiated for offences including cruelty under Section 498-A IPC. The court relied on a settlement reached via the Court's Mediation Centre and directed expeditious disposal of a related matrimonial petition.

What did the court decide?

Quashing of criminal proceedings, summoning order, and charge-sheet; direction for expedited disposal of pending matrimonial petition within 45 days.

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

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Neutral Citation No. - 2023:AHC:220820

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 39256 of 2022

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Applicant :- Shubham And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava 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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Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicants, Sri Ram Prakash Shukla, 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- Shubham and Deepak Verma, with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 22.07.2022 in Complaint Case No. 628 of 2020 (Smt. Saloni Verma Vs. Shubham and others), under Sections 498-A, 323, 354 I.P.C. & 3/4 D.P. Act, Police Station Mandi Dhanaura, District J.P. Nagar (Amroha), pending in the Court of Judicial Magistrate, J.P. Nagar (Amroha). It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case.

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The matter was referred to the Mediation Centre of this Court vide order dated 30.01.2023 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 04.10.2023 the parties have entered into an settlement dated 04.10.2023 in view of Interim Settlement dated 06.09.2023 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 16.11.2023 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 proceedings were taken up which ended in a settlement dated 04.10.2023 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7 (e) of the said mediation report.

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Learned counsel for the applicants states that a case under Section 13-B of the

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Hindu Marriage Act is pending before the Principal Judge, Family Court, Amroha as Marriage Petition No. 698 of 2023. Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court concerned. He prayed that a direction for expeditious disposal of the same be given.

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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 applicants.

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The present application is allowed.

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The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed.

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However the Principal Judge, Family Court, Amroha is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

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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 :- 17.11.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Shubham and Another v. State of U.P. and Another

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Shubham and Another v. State of U.P. and Another

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