Yash Soni and 2 Ors. Vs State of U.P. and Anr. — Dowry and Cruelty | Allahabad HC (2023)

Yash Soni and 2 Ors. Vs State of U.P. and Anr. — Dowry and Cruelty | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Entire proceedings and the charge-sheet dated 25.05.2019 in Case No. 4968 of 2019 (State Vs. Yash Soni and others) arising out of Case Crime No. 0610 of 2018 quashed.

Issue for consideration

Whether the entire proceedings and the charge-sheet dated 25.05.2019 in Case No. 4968 of 2019 (State Vs. Yash Soni and others), arising out of Case Crime No. 0610 of 2018 under Sections 498-A, 323, 504, 506, 342, 406 IPC and 3/4 D.P. Act, ought to be quashed in view of the settlement arrived at between the parties.

Court's answer

The mediation proceedings taken up pursuant to the order dated 22.05.2023 ended in a settlement dated 05.09.2023 between the parties; the mediation succeeded, the parties settled their grievances including the dispute in the present matter, and they agreed to withdraw the cases going on between them.

Ratio / Principle

On the basis of the records and the law laid down by the Apex Court that cases in which the parties have settled their grievances can be quashed, the present case is a good case for exercising the powers of this Court to quash the proceedings as prayed for by the applicants.

Key takeaways

The application under Section 482 Cr.P.C. is allowed and the proceedings of the case as well as the charge-sheet in the aforesaid case are quashed.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.), by order dated 4.10.2023, allowed an application under Section 482 Cr.P.C. (Application U/S 482 No. 47010 of 2019) filed by Yash Soni, Smt. Meera Soni and Mahesh Kumar Soni seeking quashing of the entire proceedings and the charge-sheet dated 25.05.2019 in Case No. 4968 of 2019 (State Vs. Yash Soni and others) arising out of Case Crime No. 0610 of 2018, under Sections 498-A, 323, 504, 506, 342, 406 IPC and 3/4 of D.P. Act, Police Station Kasna, District Gautam Budh Nagar, pending before the Second Additional Chief Judicial Magistrate, Gautam Budh Nagar. The matter, referred to the Court's Mediation Centre on 22.05.2023, ended in a settlement dated 05.09.2023 (in view of Interim Settlement dated 01.08.2023), with the parties agreeing to withdraw the cases between them. Relying on B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh, Shaifullah and Parbatbhai Ahir, the Court held the case fit for quashing on account of settlement and quashed the proceedings and the charge-sheet.

Neutral Citation No. - 2023:AHC:190812

Court No. - 69

Case :- APPLICATION U/S 482 No. - 47010 of 2019

Applicant :- Yash Soni And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava

Hon'ble Samit Gopal,J.

List revised.

Heard Sri Manish Kumar Mishra, Advocate holding brief of Sri Vidit Narayan Mishra, learned counsel for the applicants and Sri Bade Lal Bind learned counsel for the State and perused the records. Sri Rakesh Kumar Srivastava, learned counsel for the opposite party no.2 is not present.

The present application under Section 482 Cr.P.C. has been filed by the applicants- Yash Soni, Smt. Meera Soni and Mahesh Kumar Soni, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 25.05.2019 in Case No. 4968 of 2019 (State Vs. Yash Soni and others) arising out of Case Crime No. 0610 of 2018, under Sections 498-A, 323, 504, 506, 342, 406 I.P.C. and 3/4 of D.P. Act, Police Station Kasna, District Gautam Budh Nagar, pending in the Court of Second Additional Chief Judicial Magistrate, Gautam Budh Nagar. 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.

The matter was referred to the Mediation Centre of this Court vide order dated 22.05.2023 for making an effort between the parties for settling their disputes amicably.

As per report of Mediation Centre dated 05.09.2023 the parties have entered into settlement dated 05.09.2023 in view of Interim Settlement dated 01.08.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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

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 05.09.2023 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.

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.

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.

The present application is allowed.

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

Order Date :- 4.10.2023 AS Rathore

(Samit Gopal,J.)

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