R.L. Srivastava @ Rajjan Lal Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:34648

Court No. - 78

Case :- APPLICATION U/S 482 No. - 19991 of 2024

Applicant :- R.L. Srivastava @ Rajjan Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadh Bihari Pandey,Braj Gopal Counsel for Opposite Party :- Anjani Kumar Shahwal,G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Dharmendra Pratap Singh, Advocate holding brief of Sri Awadh Bihari Pandey, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the records.

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Sri Anjani Kumar Shahwal, learned counsel for the opposite party no. 2 is not present even in the revised list.

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The present application under Section 482 Cr.P.C. has been filed by the applicant R.L. Srivastava @ Rajjan Lal with the prayer to quash the charge sheet dated 03.09.2012 as well as entire proceeding of Sessions Trial No. 249 of 2013 (State vs. R.L. Srivastava @ Rajjan Lal) arising out of Case Crime No. 288 of 2012, under Sections 420, 328, 493, 506, 376 I.P.C., Police Station Kidwai Nagar, District Kanpur Nagar, pending before the Court of Additional Sessions Judge, Court No. 10, Kanpur Nagar.

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The matter was referred to the Mediation Centre of this Court vide order dated 19.06.2024 for making an effort between the 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 further agreed to withdraw the cases going on between them.

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As per the office report dated 07.09.2024, 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 in this regard the parties have already submitted a 'Sulahnama' prepared on notary affidavit dated 05.03.2024 before the Hon'ble Court. Further, it has been agreed

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between the parties that the opposite party no. 2 Nishi Sengar has waived off the claim of permanent alimony including Stridhan and also undertakes not to claim the same in future. Therefore the impugned proceedings/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 02.07.2024 between the parties and the Mediation succeeded and it has been agreed between the parties that the opposite party no. 2 Nishi Sengar has waived off the claim of permanent alimony including Stridhan and also undertakes not to claim the same in future. 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(c) 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/charge sheet order as prayed for by the applicants.

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The present application is allowed .

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The impugned charge sheet and proceedings of the aforesaid case are hereby quashed.

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(Samit Gopal,J.)

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Order Date :- 10.3.2025 Manoj

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

R.L. Srivastava @ Rajjan Lal v. State of U.P. and Another

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