Allowed

Ratnesh Soni and 6 Others v. State of U.P. and Another

Allahabad HC4 Oct 2023A482/39828/2022

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings and chargesheet based on a settlement reached through the Court's Mediation Centre between the applicants and the State, citing established precedents regarding settlement discounts.

What did the court decide?

The application under Section 482 Cr.P.C. is allowed; the proceedings of the case and the charge sheet are quashed.

Ratnesh Soni and 6 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:190316

¶2

Court No. - 69

¶3

Case :- APPLICATION U/S 482 No. - 39828 of 2022

¶4

Applicant :- Ratnesh Soni And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.,Lavlesh Kumar Shukla

¶5

Hon'ble Samit Gopal,J.

¶6

1. List revised.

¶7

Heard Sri Rakesh Pati Tiwari, learned counsel for the applicants and Sri Bade Lal Bind learned counsel for the State and perused the records. Sri Lavlesh Kumar Shukla, learned counsel for the opposite party no.2 is not present.

¶8

The present application under Section 482 Cr.P.C. has been filed by the applicants- Ratnesh Soni, Shashank Soni, Gulab Chandra Soni, Kamlesh Soni, Smt. Reena Soni, Smt. Neha Soni and Swami Dayal Soni, with the prayer to allow the present application and quash the entire proceeding as well as chargesheet dated 29.06.2022 in Case No. 392 of 2022 (State Vs. Ratnesh Soni and others) arising out of Case Crime No. 50 of 2022, under Sections 498-A, 323, 504, 506, 406, 342 I.P.C. and Section 3/4 D.P. Act against the applicant nos.1 to 6 and under Sections 498-A, 323, 504, 506, 406, 342, 354Kha I.P.C. and Section 3/4 D.P. Act against the applicant no.7, Police Station Mahila Thana, District Prayagraj, pending in the Court of A.C.J (J.D.), Court No.21, Prayagraj. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case, during the pendency of present application.

¶9

The matter was referred to the Mediation Centre of this Court vide order dated 03.02.2023 for making an effort between the parties for settling their disputes amicably.

¶10

As per report of Mediation Centre dated 22.08.2023 the parties have entered into settlement dated 22.08.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

¶11

As per the office report dated 03.10.2023 a report from the Mediation Centre of this Court is on record.

¶12

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 22.08.2023 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.

¶13

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.

¶14

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.

¶15

The present application is allowed.

¶16

The proceedings of the present case as well as the charge sheet in the aforesaid case are hereby quashed.

¶17

Order Date :- 4.10.2023 AS Rathore

¶18

(Samit Gopal,J.)

¶19

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

Ratnesh Soni and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ratnesh Soni and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanjeev Kumar Vs State of U.P and 3 Others

Suraj Kali Vs State of U.P.

Madan Singh Vs State of U.P.

Pankaj @ Sunil and 3 Others Vs State of U.P. and Another

Yash Soni and 2 Ors. Vs State of U.P. and Anr.

Devesh Kumar and 2 Others Vs State of U.P. and Another