Pankaj Verma and 4 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:47367

Court No. - 64

Case :- APPLICATION U/S 482 No. - 11102 of 2024

Applicant :- Pankaj Verma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Bajpai 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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Heard Sri Anuj Bajpai, learned counsel for the applicants, Sri Bade Lal Bind, 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, Pankaj Verma, Rahul, Smt. Kamla Devi, Arti and Gauri with the prayer to quash the impugned entire proceeding as well as summoning order dated 07.10.2023 in Case No. 13393 of 2023 (State vs. Pankaj Verma & others), arising out of the impugned charge sheet dated 12.08.2023 arising out of Case Crime No. 095 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station Barkhera, District Pilibhit, pending in the Court of learned Additional Chief Judicial Magistrate-II, Pilibhit.

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Vide order dated 07.02.2025, notice was issued to the opposite party no. 2 by this Court.

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As per office report dated 02.04.2025, notice has been served on the opposite party no. 2 as reported by C.J.M., Pilibhit. Perusal of the report dated 08.03.2025 of the C.J.M., Pilibhit shows that the notice has been served personally on the opposite party no. 2, despite service of notice on the opposite party no. 2, no one appears on her behalf before the Court even in the revised list.

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The matter was referred to the Mediation Centre of this Court vide order dated 16.04.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 24.09.2024, the parties have amicably settled their dispute and further agreed to withdraw

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the cases going on between them.

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As per the office report dated 06.02.2025, 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 live separately and dissolve their relationship as husband and wife in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court Pilibhit and therefore the impugned proceedings/summoning order/charge sheet be quashed on the ground of settlement arrived at between the parties.

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Learned counsel for the applicants states that a case under Section 13 B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Pilibhit as Divorce Petition No. 432 of 2024. Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court Pilibhit. He prayed that a direction for expeditious disposal of the same be given.

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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 24.09.2024 between the parties and the Mediation succeeded and they have decided to live separately and dissolve their marriage, 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 6(h) 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

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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/charge sheet as prayed for by the applicants.

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The present application is allowed .

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The impugned summoning order dated 07.10.2023, charge sheet and proceedings of the aforesaid case are hereby quashed.

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However the Principal Judge, Family Court, Pilibhit is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

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(Samit Gopal,J.)

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Order Date :- 3.4.2025 Manoj

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

Pankaj Verma and 4 Others v. State of U.P. and Another

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