Allowed

Hari Om and 4 Others v. State of U.P. and Another

Allahabad HC6 Sept 2024A482/7392/2024

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C. to quash criminal proceedings involving IPC offences 498A, 323, 354, 406, and 506, the Allahabad High Court noted a successful mediation settlement between the applicant family and the State. Upholding settled law on case quashing post-settlement, the Court allowed the application to quash the charge sheet and cognizance order.

What did the court decide?

Quashed the impugned charge sheet no. 01 of 2023 dated 11.03.2023 and the cognizance order dated 03.07.2023 passed in Case No. 124228 of 2023.

Hari Om and 4 Others vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145656

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 7392 of 2024

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Applicant :- Hari Om And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Om Shukla,Jay Singh Yadav Counsel for Opposite Party :- Akhilesh Kumar Pandey,G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Jai Singh Yadav, learned counsel for the applicants and Sri Ram Prakash Shukla, learned counsel for the State and perused the records. Sri Akhilesh Kumar Pandey, learned counsel for the private respondent is not present.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Hari Om, Gayadin Maurya, Dharmendra, Geeta and Nem Chand with the following prayers:

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet no. 01 of 2023, u/s -498 A, 323,354,406, 506 I.P.C. and 3/4 D.P. Act dated 11.3.2023 and cognizance order dated 03.7.2023 passed by Civil Judge (Jr. Div.) F.T.C.-1 (Crime Against Women) Ghaziabad in Case No. 124228 of 2023 CNR No. UPG204-129631-2023 State Vs. Hari Om Maurya and others) arising out of Case Crime No. 0028 of 2023, under section 498A, 323, 354, 406, 506 I.P.C. and 3/4 D.P. Act Police Station Mahila Thana, District Ghaziabad.

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It is further prayed that this Hon'ble Court may graciously be please to stay the further proceedings of the impugned charge sheet no. 01 of 2023, u/s -498 A, 323,354,406, 506 I.P.C. and 3/4 D.P. Act dated 11.3.2023 and cognizance order dated 03.7.2023 passed by Civil Judge (Jr. Div.) F.T.C.-1 (Crime Against Women) Ghaziabad in Case No. 124228 of 2023 CNR No. UPG204129631-2023 State Vs. Hari Om Maurya and others) arising out of Case Crime No. 0028 of 2023, under section 498A, 323, 354, 406, 506 I.P.C. and 3/4 D.P. Act Police Station Mahila Thana, Distrct- Ghaziabad, during the pendency of the present application before this Hon'ble Court, and / or pass such other and further order or direction which may deem lit and proper under the set fact and circumstances of the case.

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It is further prayed that this Hon'ble court may be pleased to permit the applicants to move their discharge application before the court below and appear through counsel and till the disposal of discharge application "No Coercive" action may be taken against the applicants."

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The matter was referred to the Mediation Centre of this Court vide order dated 15.03.2024 for making an effort between the

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parties for settling their disputes amicably.

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As per report of Mediation Centre dated 02.07.2024 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them in view of interim settlement agreement dated 28.05.2024.

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As per the office report dated 05.09.2024, 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 02.07.2024 between the parties and the Mediation succeeded. 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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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 applicant(s).

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The present application is allowed.

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The impugned charge sheet no. 01 of 2023 dated 11.03.2023 as well as cognizance order dated 03.07.2023 passed in the aforesaid case are hereby quashed.

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Order Date :- 6.9.2024/M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Hari Om and 4 Others v. State of U.P. and Another

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Hari Om and 4 Others v. State of U.P. and Another

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