Manas Mohan Rana and 3 Others Vs State of U.P. Thru. Its Addl. Chief Secy. Home U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Manas Mohan Rana and 3 Others Vs State of U.P. Thru. Its Addl. Chief Secy. Home U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; entire proceedings of Crl. Case No. 2067 of 2021 pending in the Court of Chief Judicial Magistrate, Unnao, arising out of N.C.R. No. 45 of 2021, Police Station- Ajgain, Unnao, quashed; Office directed to communicate the order to the trial court forthwith.

Issue for consideration

Whether the entire proceedings of Crl. Case No. 2067 of 2021 (a matrimonial dispute) pending before the Chief Judicial Magistrate, Unnao can be quashed under Section 482 Cr.P.C. on the basis of the settlement/compromise agreement dated 30.01.2023 between the parties.

Court's answer

Inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

Ratio / Principle

Where the parties have mutually settled their dispute by way of mediation and do not want to pursue the case any further, no useful purpose would be served in proceeding with the matter further.

Key takeaways

Taking into account the settlement agreement arrived at between the parties on 30.01.2023 before the Mediation and Conciliation Centre, the entire proceedings of Crl. Case No. 2067 of 2021 pending before the Chief Judicial Magistrate, Unnao (arising out of N.C.R. No. 45 of 2021, Police Station- Ajgain, Unnao) are quashed on the basis of condition no. 6-B (viii) and 6-E of the settlement/compromise agreement dated 30.01.2023.ratio¶¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Rajeev Singh, J.), Application U/S 482 No. 11531 of 2024, decided 19.12.2024 (Neutral Citation 2024:AHC-LKO:86358) — Allowed. Applicants (Manas Mohan Rana and 3 others) sought quashing of the entire proceedings of Crl. Case No. 2067 of 2021, arising out of N.C.R. No. 45 of 2021, Police Station- Ajgain, Unnao, pending before the Chief Judicial Magistrate, Unnao, on the basis of condition no. 6-B (viii) and 6-E of the settlement/compromise agreement dated 30.01.2023. The dispute being matrimonial, the Court had referred the matter on 24.11.2022 to its Mediation and Conciliation Centre, where the parties amicably settled on 30.01.2023 and agreed to withdraw the cases going on between them. Relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466), the Court held that inherent power can be exercised to speed up the process of ending criminal proceedings where the parties have settled, and that no useful purpose would be served in proceeding further; the entire proceedings were accordingly quashed, with directions to the Office to communicate the order to the trial court forthwith.

Neutral Citation No. - 2024:AHC-LKO:86358

Court No. - 13

Case :- APPLICATION U/S 482 No. - 11531 of 2024

Applicant :- Manas Mohan Rana And 3 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anu Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Vakalatnama filed by Sri Neeraj Singh, Advocate on behalf of opposite party no.2 is taken on record.

Heard learned counsel for the applicants, learned AGA for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Crl. Case No. 2067 of 2021 pending in the Court of Chief Judicial Magistrate, Unnao arising out of N.C.R. No. 45 of 2021, Police Station- Ajgain, Unnao on the basis of condition no. 6-B (viii) and 6-E of settlement/compromise agreement dated 30.01.2023.

It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. This court vide order dated 24.11.2022 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 30.01.2023 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para- 6 of the settlement agreement dated 30.01.2023.

Hon'ble Apex Court in catena of decisions has held that

inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466 . Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 30.01.2023 before the Mediation and Conciliation Centre of this Court, the present application is allowed . The entire proceedings of Crl. Case No. 2067 of 2021 pending in the Court of Chief Judicial Magistrate, Unnao arising out of N.C.R. No. 45 of 2021, Police Station- Ajgain, Unnao on the basis of condition no. 6-B (viii) and 6-E of settlement/compromise agreement dated 30.01.2023 are hereby quashed.

Office is directed to communicate this order to trial court, forthwith.

Order Date :- 19.12.2024 Arpan

Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench