Naeem Salmani and 4 Others Vs State of Up and Another

Neutral Citation No. - 2025:AHC:17648

Court No. - 78

Case :- APPLICATION U/S 482 No. - 14996 of 2024

Applicant :- Naeem Salmani And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvajeet Singh 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 Sarvajeet Singh, learned counsel for the applicants, Sri Ajay Kishore Shukla, 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, Naeem Salmani, Aslam, Munni, Tarannum and Najim with the prayer to quash the impugned summoning / cognizance order dated 26.04.2023 passed by learned Judicial Magistrate, Sahaswan, District Budaun in Case No. 754 of 2023 (State vs. Naeem and others) over the charge sheet dated 23.02.2023 in Case Crime No. 41 of 2023, under Sections 498-A, 324, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station Sahaswan,District Budaun.

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The matter was referred to the Mediation Centre of this Court vide order dated 08.05.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 19.09.2024 the parties 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 14.11.2024, 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 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 reunite and live together as husband and wife, para-7(a) 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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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 19.09.2024 between the parties and the Mediation succeeded and they have decided to reunite and live together as husband and wife, 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 7(f) 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 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/charge sheet order as prayed for by the applicants.

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The present application is allowed .

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The impugned summoning order dated 26.04.2023, charge sheet as well as proceedings of the aforesaid case are hereby quashed.

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(Samit Gopal,J.)

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Order Date :- 6.2.2025 Manoj

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

Naeem Salmani and 4 Others v. State of Up and Another

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