Smt Rekha and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:41921

Court No. - 64

Case :- APPLICATION U/S 482 No. - 24442 of 2024

Applicant :- Smt Rekha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Rajesh Kumar Singh, learned counsel for the applicants, Sri V.D. Ojha, learned counsel for the State and perused the records.

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Notice was issued to the opposite party no. 2 vide order dated 23.8.2024. Office vide its report dated 18.12.2024 reported that notice has been served personally on the opposite party no. 2 as per the report of C.J.M. concerned which is dated 07.12.2024. Despite service no one appears on her behalf even in the revised list. Service of notice is thus sufficient.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Smt. Rekha and Omprakash with the prayer to quash/set aside the impugned entire criminal proceeding as well as summoning order dated 02.02.2024 passed by Additional Chief Judicial Magistrate, Court No. 2, Agra in Complaint Case No. 20613/2023 (Bhudevi versus Smt. Rekha and others), under Sections 406, 504, 506 I.P.C., Police Station Malpura, District Agra pending before the Additional Chief Judicial Magistrate, Court No. 2, Agra during pendency of the present application. It is further prayed to stay the impugned entire criminal proceedings as well as summoning order during the pendency of this application.

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Learned counsel for the applicants has drawn the attention of the Court to the order dated 23.5.2024 passed in the connected Application U/S 482 No. 17422 of 2024 filed by Umashankar the husband of the applicant no.1/Smt. Rekha, Omprakash the fatherin-law of the applicant no.1 and Smt. Bhudevi (opposite party no. 2 of this petition who is the mother-in-law of the applicant no.1 by which the matter was referred to the Mediation Centre of this Court for making an effort between the parties for settling their

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disputes amicably wherein the the parties have settled their disputes amicably and agreed to withdraw the cases going on between them in view of the settlement agreement, report of mediation centre dated 07.11.2024 has been placed before the Court which has been perused by the Court. It is submitted that in view of the said settlement agreement the connected Application U/S 482 No. 17422 of 2024 has been allowed and the proceedings/summoning order therein against the applicants therein have been quashed today i.e. 20.3.2025 by this Court. It is submitted that since the present applicant no. 1/Smt. Rekha is the wife of Umashankar and the applicant no. 2 is her father, the impugned proceedings/summoning against them be also quashed.

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Learned A.G.A. and learned counsel for the opposite party no. 2 could not dispute the arguments of learned counsel for the applicants as aforesaid.

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Although the present matter was not referred to the Mediation and Conciliation Centre of this Court but the said connected matter filed by Umashankar the husband of the applicant no. 1/Smt.Rekha was sent for mediation wherein the parties have settled their disputes and draw settlement agreements, the mediation reports in the said matter is on record. Perusal of the same goes to show that the parties have settled their disputes and have decided to withdraw all the cases against each other and in view of the same, the said connected matter has been allowed and the proceedings/summoning order therein are quashed today i.e. 20.3.2025 by this Court.

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Since the said connected petition is allowed on the basis of said settlement agreement and the proceedings/summoning order therein are quashed, the present application u/s 482 Cr.P.C. is also allowed.

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The impugned proceedings/summoning order in the present case as prayed for by the applicants are hereby quashed.

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(Samit Gopal,J.)

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Order Date :- 20.3.2025 Naresh

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

Smt Rekha and Another v. State of U.P. and Another

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