Allowed

Sreejan Singh and 3 Others v. State of Up and Another

Allahabad HC18 Oct 2024A482/5408/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the Allahabad High Court quashed the criminal proceedings and summoning order following a successful mediation settlement. The applicants were directed to deposit Rs. 20,000 for the District Legal Services Authority.

What did the court decide?

The proceedings, charge sheet and summoning order are quashed. Applicants must deposit Rs. 20,000 before the trial court for the District Legal Services Authority.

Sreejan Singh and 3 Others vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:187026

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 5408 of 2024

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Applicant :- Sreejan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suraj Kumar Singh Counsel for Opposite Party :- G.A.,Prasoon Kumar

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Suraj Kumar Singh, learned counsel for the applicants, Sri Shantanu Pandey, Advocate holding brief of Sri Prasoon Kumar, learned counsel for the opposite party no.2 and Sri Triveni Sharan Rai, 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- Sreejan Singh, Onkar Nath Singh, Shail Singh and Parul Singh, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 05.04.2023 & summoning order dated 16.09.2023 in Case No. 107439 of 2023 (State Vs. Sreejan Singh and others) arising out of Case Crime No. 30 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bhelupur, District Varanasi, pending in the Court of A.C.J.M.-III, Varanasi. 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.

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The matter was referred to the Mediation Centre of this Court vide order dated 23.02.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 27.08.2024 the parties have entered into settlement dated 27.08.2024 in view of Interim Settlement dated 06.08.2024 and 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 17.10.2024 a report from the Mediation Centre of this Court is on record.

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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 27.08.2024 between the parties and the Mediation succeeded.

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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 (h) of the said mediation report.

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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 as prayed for by the applicants.

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The present application is allowed .

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The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed subject to the applicants depositing Rs.20,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.

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Order Date :- 28.11.2024 AS Rathore

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(Samit Gopal,J.)

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

Sreejan Singh and 3 Others v. State of Up and Another

Case brief

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Sreejan Singh and 3 Others v. State of Up and Another

Case brief

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