Onkar Agrahari and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

This petition has been filed challenging the ex-parte order dated 23.09.2022 passed by the Additional Civil Judge (Junior Division) F.T.C. (Mahilaon Ke Virudh Apradh), Sultanpur in Criminal Case No.225 of 2021; Smt. Sneha Versus Onkar Agrahari and others, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

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This court, by means of order dated 24.01.2025, had referred the matter to the Mediation and Conciliation Center of this court for amicable settlement in the matter. The report dated 23.07.2025 of the Mediation and Conciliation Center of this court has been received alongwith the settlement agreement arrived at between the parties, which has been signed by the parties alongwith the Mediators.

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There is consensus amongst learned counsels for the the parties that the parties have settled their dispute and in terms of settlement agreement

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A482 No. 240 of 2025

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executed before the Mediation and Conciliation Center of this court, this petition may be allowed in terms of the settlement agreement and the proceedings of Criminal Case No.225 of 2021; Smt. Sneha Versus Onkar Agrahari and others, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending before the Additional Civil Judge (Junior Division) F.T.C.(Mahilaon Ke Virudh Apradh), Sultanpur may be quashed.

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Learned counsel for the applicants in support of their contention have placed reliance on the judgments of Hon'ble Apex Court in the case of Manoj Sharma Vs. State; (2008) 16 SCC 1, Narinder Singh Vs. State of Punjab; (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand; (2014) 9 SCC 653 .

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Learned counsel for the respondent no.2 does not dispute the same and states that the proceedings of the aforesaid complaint case may be quashed in view of the settlement agreement arrived at between the parties before the Mediation and Conciliation Center of this court. Learned AGA has also no objection to the request made by learned counsel for the applicants.

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In view of above, it is apparent that the parties have entered into settlement agreement before the Mediation and Conciliation Center of this court and have settled their dispute amicably. Thus in the light of the view taken by the Hon'ble Supreme Court, in the cases of Manoj Sharma Vs. State(supra), Narinder Singh Vs. State of Punjab (supra) and Yogendra Yadav Vs. State of Jharkhand(supra) , this Court in exercise of it's inherent powers under Section 482 Cr.P.C. now Section 528 B.N.S.S., 2023 can quash the proceedings as the dispute has been

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amicably settled between the parties.

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In light of the fact that the settlement has been arrived at between the applicants and the private respondent and it does not affect the public at large, and would only amount to private dispute between the parties, no useful purpose will be served by allowing the applicants to be prosecuted in the said trial, therefore, the proceedings of the aforesaid case are liable to be quashed.

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In view of above, the petition is allowed in terms of settlement agreement dated 23.07.2025 entered into between the petitioners and respondent no.2. Accordingly the proceedings of the proceedings of Criminal Case No.225 of 2021; Smt. Sneha Versus Onkar Agrahari and others, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending before the Additional Civil Judge (Junior Division) F.T.C.(Mahilaon Ke Virudh Apradh), Sultanpur are hereby quashed. The settlement agreement shall form part of this order.

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(Rajnish Kumar,J.)

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September 25, 2025 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

Onkar Agrahari and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Onkar Agrahari and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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