Allowed

Akash Sagar and 7 Others v. State of Up and Another

Allahabad HC10 Sept 2024A482/3425/2024

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the Allahabad High Court quashed criminal proceedings and a summoning order following a successful mediation settlement. The parties, a matrimonial couple, decided to reunite after amicably settling disputes at the Court's Mediation Centre.

What did the court decide?

The impugned summoning order dated 20.10.2023 and all consequential proceedings related to the case are hereby quashed.

Akash Sagar and 7 Others vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:148026

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 3425 of 2024

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Applicant :- Akash Sagar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.,Raj Kamal

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Hon'ble Samit Gopal,J.

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Heard Sri Ravi Prakash Srivastava, learned counsel for the applicants, Sri Raj Kamal, learned counsel for the opposite party no. 2, Sri Ramesh 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, namely, Akash Sagar, Rambeti, Hakim Singh, Rekha, Babita, Shalu, Neeru and Rinki with the prayer to quash the Complaint Case /W.S.C. Case No.18047 of 2022 (Smt. Roshani vs. Akash Sagar and others), under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali Dehat, District Etah along with the impugned summoning order dated 20.10.2023 passed by learned Chief Judicial Magistrate, Etah and also all the consequential proceedings related to the case.

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The matter was referred to the Mediation Centre of this Court vide order dated 19.02.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 21.05.2024, 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 31.05.2024, 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 reunite and live together as husband and wife, para-7(a) and therefore the impugned proceedings/summoning order be quashed on the ground of

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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 21.05.2024 between the parties and the Mediation succeeded and they have decided to to reunite and live together as husband and wife, para-7(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 as prayed for by the applicants.

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The present application is allowed.

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The impugned summoning order dated 20.10.2023 and proceedings of the aforesaid case are hereby quashed.

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(Samit Gopal,J.)

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Order Date :- 10.9.2024 Manoj

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

Akash Sagar and 7 Others v. State of Up and Another

Case brief

What is this about?

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Akash Sagar and 7 Others v. State of Up and Another

Case brief

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What did the court decide?

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