Gurmeet Singh and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Gurmeet Singh and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed; proceedings of the present case as well as the summoning order/charge sheet quashed; Office directed to communicate the order to the concerned court within two weeks.

Issue for consideration

Whether the entire proceedings, the charge-sheet dated 25.05.2024 and the cognizance order dated 29.06.2024 in Case Crime No. 186 of 2024 (Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Kotwali City, District Bijnor) should be quashed on the application filed under Section 482 Cr.P.C. +1 more

Court's answer

The present application is allowed and the proceedings of the present case as well as the summoning order/charge sheet are hereby quashed.

Ratio / Principle

On perusal of the records and the law laid down by the Apex Court on the subject, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Samit Gopal, J.; Order Date 20.2.2025; Neutral Citation 2025:AHC:24853) allowed Application U/S 482 No. 23093 of 2024 filed by Gurmeet Singh, Mahendra Kaur and Satvendra Kaur @ Rubi seeking quashing of the entire proceedings, charge-sheet dated 25.05.2024 and cognizance order dated 29.06.2024 in Case Crime No. 186 of 2024 under Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Bijnor. The matter, referred to the Mediation Centre of the Court vide order dated 23.07.2024, ended in a settlement dated 07.11.2024 (in view of Interim Settlement dated 03.10.2024); the parties agreed to withdraw the cases going on between them and, being husband and wife, reunited and decided to live together. No counsel for the applicants appeared to press the application and it was decided finally on the records with the assistance of the State Counsel (Sri V.D. Ojha). Relying on the Apex Court decisions in 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 held the case fit for exercise of its quashing powers, allowed the application and quashed the proceedings together with the summoning order/charge-sheet, directing the Office to communicate the order to the concerned court within two weeks.

Neutral Citation No. - 2025:AHC:24853

Court No. - 78

Case :- APPLICATION U/S 482 No. - 23093 of 2024

Applicant :- Gurmeet Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

List revised.

No one appears on behalf of the applicants to press this application u/s 482 Cr.P.C. despite the fact that there are two learned counsels appearing in the matter. Sri V.D. Ojha, learned counsel for the State is present.

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

The present application under Section 482 Cr.P.C. has been filed by the applicants- Gurmeet Singh, Mahendra Kaur and Satvendra Kaur @ Rubi, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 25.05.2024 & cognizance order dated 29.06.2024 in Case Crime No. 186 of 2024, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Bijnor. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case.

The matter was referred to the Mediation Centre of this Court vide order dated 23.07.2024 for making an effort between the parties for settling their disputes amicably.

As per report of Mediation Centre dated 07.11.2024 the parties have entered into settlement dated 07.11.2024 in view of Interim Settlement dated 03.10.2024 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

As per the office report dated 19.02.2025 a report from the Mediation Centre of this Court is on record.

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 07.11.2024 between the parties and the Mediation succeeded.

The parties have settled their grievances and even the dispute arising out 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. The matter has been settled and the parties being husband and wife have reunited and have decided to live together.

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.

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 applicants.

The present application is allowed .

The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed.

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

Order Date :- 20.2.2025 AS Rathore

(Samit Gopal,J.)

Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad