Allowed¶18

Mohd Javed and 4 Others v. State of U.P. and Another

Allahabad HC5 Feb 2025A482/10169/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing on settlement; matrimonial dispute; mediation settlement 18.09.2024; interim settlement 31.07.2024; Sections 498-A, 323, 504, 506, 354 IPC; Section 3/4 D.P. Act; Case Crime No. 0058 of 2022; Mahila Thana Prayagraj; charge sheet 18.12.2023 quashed; cognizance summoning order 28.02.2024 quashed; B.S. Joshi; Nikhil Merchant; Manoj Sharma; Gian Singh; Shaifullah; Parbatbhai Ahir; spouses reunited; Allahabad High Court; Samit Gopal.

What did the court decide?

Section 482 Cr.P.C. application allowed; charge sheet dated 18.12.2023 as well as cognizance and summoning order dated 28.02.2024 in case NIL of 2024 (State Vs. Mohd. Javed and others) quashed; Office directed to communicate the order to the concerned court within two weeks. ¶18

Mohd Javed and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the criminal proceedings against the applicants arising out of Case Crime No. 0058 of 2022 (charge sheet dated 18.12.2023 and cognizance and summoning order dated 28.02.2024, Sections 498-A, 323, 504, 506, 354 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, Prayagraj) should be quashed in view of the settlement arrived at between the parties through mediation.

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Court's answer

On the records and the law laid down by the Apex Court on quashing upon settlement between parties, the Court found the present case fit for exercise of its power to quash the proceedings as prayed for.

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Ratio / Principle

The present application under Section 482 Cr.P.C. is allowed.

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Key takeaways

The charge sheet dated 18.12.2023 as well as the cognizance and summoning order dated 28.02.2024 of the aforesaid case are hereby quashed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.), Application U/S 482 No. 10169 of 2024, decided 5.2.2025 (Neutral Citation 2025:AHC:16008): Applicants Mohd. Javed, Rabia, Mohd. Haleem, Sakina and Ishtiyaq sought quashing of the charge sheet dated 18.12.2023 and the cognizance and summoning order dated 28.02.2024 in case NIL of 2024 (State v. Mohd. Javed and others) under Sections 498-A, 323, 504, 506, 354 IPC and Section 3/4 of the D.P. Act, arising out of Case Crime No. 0058 of 2022, P.S. Mahila Thana, District Prayagraj, pending before the Additional Civil Judge (Senior Division), Court No. 21, Allahabad. Referred to the Court's Mediation Centre on 01.04.2024, the parties amicably settled their matrimonial disputes (interim settlement 31.07.2024; settlement 18.09.2024), agreeing to withdraw the cases pending between them and to reunite; learned State counsel had no objection. Holding that quashing on the basis of inter-party settlement is well settled, relying on B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2012) 10 SCC 303, Shaifullah 2013 (83) ACC 278 and Parbatbhai Ahir (2017) 9 SCC 641, the Court allowed the application and quashed the charge sheet and the cognizance/summoning order, directing the Office to communicate the order to the concerned court within two weeks.

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Neutral Citation No. - 2025:AHC:16008

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 10169 of 2024

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Applicant :- Mohd Javed And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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No one appears on behalf of the applicants to press this application under Section 482 Cr.P.C. Sri Bade Lal Bind, learned counsel for the State is present.

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The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Mohd. Javed, Rabia, Mohd. Haleem, Sakina and Ishtiyaq with the prayer to allow the present application and quash the charge sheet dated 18.12.2023 as well as cognizance and summoning order dated 28.02.2024 in case NIL of 2024 (State Vs. Mohd. Javed and others), under Sections 498-A, 323, 504, 506, 354 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Prayagraj arising out of Case Crime No. 0058 of 2022 passed by Additional Civil Judge (Senior Division), Court No.21, Allahabad and with the further prayer to stay the entire proceedings of 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 01.04.2024 for making an effort between the parties for settling their disputes amicably. The dispute is a matrimonial in nature.

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As per report of Mediation Centre dated 18.09.2024 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them and further they have decided to reunite and live together rest of their lives in view of interim settlement agreement dated 31.07.2024.

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As per the office report dated 04.02.2025, 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 18.09.2024 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-g of the said mediation report.

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Learned counsel for the State has no objection to the said proposition.

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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 charge sheet dated 18.12.2023 as well as cognizance and summoning order dated 28.02.2024 of the aforesaid case are hereby quashed.

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Office to communicate this order to the concerned court within two weeks from today.

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Order Date :- 5.2.2025 M. ARIF

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(Samit Gopal, J.)

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

Mohd Javed and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Mohd Javed and 4 Others v. State of U.P. and Another

Case brief

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