Vivek Kumar Singh and 3 Others Vs State of U.P. and Another

Notice was issued to the opposite party no. 2 vide order dated 12.12.2024. Office vide its report dated 11.8.2025 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 24.4.2025. Despite service no one appears on her behalf even in the revised list. Service of notice is thus sufficient.

¶11

The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Case No. 3300 of 2024, arising out of Case Crime No. 169 of 2022, State vs. Vivek Kumar Singh and others, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S.- Kamalganj, District Fatehgard/Farrukhabad pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Farrukhabad including charge sheet no. 18/2023 dated 17.1.2023 and the order dated 1.6.2024 passed by the Additional Chief Judicial Magistrate, Court No. 9, Farrukhabad, taking cognizance and summoning the applicants by issuing process. It is further prayed to stay the further proceedings of the said case during pendency of this application.

¶12

The matter was referred to the Mediation Centre of this Court vide order dated 12.12.2024 for making an effort between the parties for settling their

¶13

A482 No. 39633 of 2024

¶14

2

¶15

disputes amicably.

¶16

As per report of Mediation Centre dated 17.4.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of the settlement agreement.

¶17

As per the office report dated 11.8.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

¶18

Learned counsel for the applicants argued that it is common ground between the parties that the parties have settled the dispute amicably and therefore the impugned proceedings be quashed on the ground of settlement arrived at between the parties before the Mediation and Conciliation Centre of this Court.

¶19

Learned counsel for the applicants states that a case under Section 13B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Fatehgarh/Farrukhabad. Learned counsel assures that the applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the family court. He prayed that a direction for expeditious disposal of the same be given.

¶20

Learned counsel for the opposite party no. 2 has no objection to the same.

¶21

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 12.12.2024 between the parties subject to the terms and conditions mentioned therein and the Mediation succeeded. 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(cha) of the said mediation report.

¶22

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

¶23

A482 No. 39633 of 2024

¶24

3

¶25

(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 64 1 has held that the cases in which the parties have settled their grievances can be quashed.

¶26

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 impugned proceedings, charge sheet, cognizance and summoning as prayed for by the applicant(s).

¶27

The present application is allowed.

¶28

The impugned proceedings, charge sheet, cognizance and summoning as prayed for by the applicants are hereby quashed.

¶29

However the concerned Family Court is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

¶30

(Samit Gopal,J.)

¶31

October 9, 2025 Naresh

¶32

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

Vivek Kumar Singh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vivek Kumar Singh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases