Allowed¶19

Bhola Nath and 2 Others v. State of Up and Another

Allahabad HC21 Apr 2025A482/2217/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing of criminal proceedings on settlement between parties; matrimonial dispute under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act; mediation before Allahabad High Court Mediation Centre successful; interim settlement agreement dated 24.08.2024; clause-7(e) payment by demand draft 19.4.2025; Apex Court precedents B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh, Shaifullah, Parbatbhai Ahir relied upon; Criminal Case No. 12103 of 2022, P.S. Karanda, District Ghazipur; Samit Gopal, J.; decided 22.4.2025.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; impugned summoning order dated 04.8.2022 and further proceedings in Criminal Case No. 12103 of 2022 quashed against the applicants. ¶19

Bhola Nath and 2 Others Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; impugned summoning order dated 04.8.2022 and further proceedings in Criminal Case No. 12103 of 2022 quashed against the applicants.

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Issue for consideration

Whether the impugned summoning order dated 04.8.2022 and the further proceedings against the applicants in Criminal Case No. 12103 of 2022 ought to be quashed in view of the amicable settlement arrived at between the parties.

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Court's answer

In view of the amicable settlement between the parties and the law laid down by the Apex Court on quashing of cases on the basis of settlement, the present case is a good case for exercising this Court's powers to quash the proceedings and the summoning order as prayed for by the applicants.

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Ratio / Principle

The application under Section 482 Cr.P.C. is allowed and the impugned summoning order and the proceedings of Criminal Case No. 12103 of 2022 are quashed.

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Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Samit Gopal, J.) allowed an application under Section 482 Cr.P.C. and quashed the summoning order dated 04.8.2022 passed by the Civil Judge (Junior Division)/F.T.C. Ghazipur in Criminal Case No. 12103 of 2022 (Ruby Rai vs. Vijay Sharma and others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Karanda, District Ghazipur, along with the further proceedings therein. The matter had been referred to the Court's Mediation Centre on 01.02.2024; per the Mediation Centre report dated 28.09.2024 the parties amicably settled their disputes and agreed to withdraw the cases between them in view of an interim settlement agreement dated 24.08.2024, and the remaining amount under clause-7(e) of the settlement was paid to opposite party no. 2 by demand draft on 19.4.2025, a fact not disputed by opposite party no. 2 or State counsel. Relying on B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh, Shaifullah and Parbatbhai Ahir, the Court held that where parties have settled their grievances, the case can be quashed, and found the present case fit for exercise of its quashing powers.

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Neutral Citation No. - 2025:AHC:60148

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 2217 of 2024

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Applicant :- Bhola Nath And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharti Mishra Counsel for Opposite Party :- Akash Kumar Sharma,G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Ms. Bharti Mishra, learned counsel for the applicants, Sri Akash Kumar Sharma, learned counsel for the opposite party no. 2, Sri Birendra Pratap Singh, learned counsel for the State and perused the records.

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Although the name of Sri Akash Kumar Sharma is printed in the cause list but his vakalatnama is not on the record. Office to trace it out and place it on the record and make a note about it in the order sheet.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Bhola Nath, Vijay Shrma, Shakuntala with the prayer to quash the impugned summoning order dated 04.8.2022 passed by Civil Judge (Junior Division)/F.T.C. Ghazipur in Criminal Case No. 12103 of 2022, Ruby Rai vs. Vijay Sharma and others, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Karanda, District Ghazipur. It is further prayed to stay/quash the further proceedings against the applicants in said case during pendency of this application.

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The matter was referred to the Mediation Centre of this Court vide order dated 01.02.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 28.09.2024 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 24.08.2024.

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As per the office report dated 07.2.2025, a report from the Mediation Centre of this Court is on record which states that

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mediation between the parties is successful.

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Learned counsel for the applicants has drawn the attention of the Court to the order dated 18.3.2025 passed in the present matter and has submitted that the remaining amount as per clause-7(e) of the settlement agreement between the parties has been paid to the opposite party no. 2 through demand draft on 19.4.2025. The same is not disputed by learned counsel for the opposite party no. 2. It is submitted that as such the impugned summoning order and the proceedings of the case be quashed against the applicants.

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Learned State counsel also could not dispute the said arguments.

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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 order as prayed for by the applicants.

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The present application is allowed.

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

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(Samit Gopal,J.)

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Order Date :- 22.4.2025 Naresh

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

Bhola Nath and 2 Others v. State of Up and Another

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Bhola Nath and 2 Others v. State of Up and Another

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