Allowed

Ashish Pandey and 4 Others v. State of Up and Another

Allahabad HC23 Sept 2024A482/1064/2024

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought quashing of a charge sheet and summoning orders based on a successful mediation settlement. The Court found the parties had amicably settled grievances and agreed to reunit, allowing it to quash the proceedings.

What did the court decide?

Quashed the impugned summoning orders dated 25.09.2023 and 12.12.2023, the charge sheet dated 02.05.2022, and the proceedings of the aforesaid case.

Ashish Pandey and 4 Others vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:155524

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 1064 of 2024

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Applicant :- Ashish Pandey And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- Awadh Bihari Pandey,G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Ms. Shivanika Pandey, Advocate holding brief of Sri Satyendra Narayan Singh, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the records.

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Sri Awadh Bihari Pandey, learned counsel for the opposite party no. 2 is not present.

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The present application under Section 482 Cr.P.C. has been filed by the applicants, namely, Ashish Pandey, Laxmi, Rinki, Rajendra Prasad Agnihotri @ Rajendra @ Badkau and Sanju with the prayer to quash the charge sheet No. 116 of 2022 dated 02.05.2022 in Case Crime No. 316 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act (State of U.P. vs. Ashish Pandey and others) as well as summoning order dated 25.09.2023 and 12.12.2023 in the aforesaid case, pending in the court of Metropolitan Magistrate, 4th, Kanpur Nagar as Criminal Case No. 139939 of 2023 (State of U.P. vs. Ashish Pandey and others).

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The matter was referred to the Mediation Centre of this Court vide order dated 29.01.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 16.06.2024, the parties 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 13.09.2024, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

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Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant no. 1 (husband) and the opposite party no. 2 (wife) have decided to

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reunite and live together as husband and wife, para-7(a) and therefore the impugned proceedings/summoning order/charge sheet be quashed on the ground of settlement arrived at between the parties.

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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 16.06.2024 between the parties and the Mediation succeeded and they have decided to to reunite and live together as husband and wife, para7(a). 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(e) of the said mediation report.

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Learned State counsel could not dispute the factum of compromise between the parties which is on record.

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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/summoning order/charge sheet as prayed for by the applicants.

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The present application is allowed.

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The impugned summoning orders dated 25.09.2023 and 12.12.2023, charge sheet dated 02.05.2022 and proceedings of the aforesaid case are hereby quashed.

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(Samit Gopal,J.)

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Order Date :- 23.9.2024 Manoj

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Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad

Ashish Pandey and 4 Others v. State of Up and Another

Case brief

What is this about?

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Ashish Pandey and 4 Others v. State of Up and Another

Case brief

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