Allowed

Yash Sharma v. State of Up and Another

Allahabad HC18 Oct 2024A482/7493/2024

Case brief

AI extract

What is this about?

This Single Judge bench allowed an application under Section 482 Cr.P.C. to quash the charge sheet and cognizance order. The court relied on a successful mediation report and a final settlement agreement between the applicant and the wife to exercise its powers to quash the proceedings, subject to the deposit of awarded damages before the Family Court.

What did the court decide?

The charge sheet dated 18.8.2023 and cognizance order dated 20.10.2023 were quashed, subject to the deposit of Rs.4,00,000/- before the Family Court.

Yash Sharma vs State of Up and Another — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:166049

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 7493 of 2024

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Applicant :- Yash Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anees Baig Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Anees Baig, learned counsel for the applicant, Sri Triveni Saran 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 applicant Yash Sharma with the prayer to quash the charge sheet dated 18.8.2023 as well as cognizance order dated 20.10.2023 giving rise to Criminal Case No. 53996/2023 (State vs. Yash Sharma) arising out of Case Crime No. 460 of 2023, under Sections 498A, 323, 504, 506 I.P.C., P.S.- Shikohabad, DistrictFirozabad, pending before the Additional Chief Judicial Magistrate 2nd, Shikohabad, Firozabad. It is further prayed to stay the further proceedings of said criminal case during pendency of this application.

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The matter was referred to the Mediation Centre of this Court vide order dated 11.3.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 29.8.2024 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 08.08.2024.

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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 which states that mediation between the parties is successful.

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Learned counsel for the applicant submits that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and therefore the impugned proceedings/charge sheet be quashed on the ground of settlement arrived at between the parties. It is further submitted that as per

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para-7(d) of the settlement agreement dated 29.8.2024 agreed between the parties, the husband/applicant is to pay Rs.4,00,000/(rupees four lakh only) to the opposite party no. 2/wife at the time of final judgment before the Family Court by way of demand draft. It is submitted that the matter is fixed for 16.11.2024 before the family court concerned and the applicant shall be depositing the said amount before the family court on the said date.

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The family court concerned may accept the same on the date fixed and shall make an endeavor to conclude the said matter on the next date or if for any reasons it gets adjourned, the same be decided within 45 days, as expeditiously as possible, subject to the parties co-operating in the same.

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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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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 29.8.2024 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 the charge sheet dated 18.8.2023 as well as cognizance order dated 20.10.2023 as prayed for by the applicant.

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The present application is allowed.

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The the charge sheet dated 18.8.2023 as well as cognizance order dated 20.10.2023 in the aforesaid case are hereby quashed subject to deposit of the demand draft of said amount of Rs.4,00,000/- before the concerned family court.

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(Samit Gopal,J.)

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Order Date :- 18.10.2024

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Naresh

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

Yash Sharma v. State of Up and Another

Case brief

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Yash Sharma v. State of Up and Another

Case brief

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