Neeraj and 3 Others Vs State of Up and Another

Neutral Citation No. - 2025:AHC:30210

Court No. - 78

Case :- APPLICATION U/S 482 No. - 5705 of 2024 Applicant :- Neeraj And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ratnakar Upadhyay,Sudhakar Upadhyay Counsel for Opposite Party :- G.A.,Shailendra Kumar Gupta

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Sohail Akhtar, Advocate holding brief of Sri Ratnakar Upadhyay, learned counsel for the applicants, Sri Shailendra Kumar Gupta, learned counsel for the opposite party no.2, Sri Ram Prakash Shukla, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to allow the present application and quash the charge sheet dated 20.11.2023 arising out of case crime no. 008 of 2023, under Section 498A, 323 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Mirzapur along with cognizance/summoning order dated 02.01.2024 passed by Civil Judge (J.D.)(F.T.C. cases relating to the women), Mirzapur and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

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The matter was referred to the Mediation Centre of this Court vide order dated 04.03.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 04.10.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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As per the office report dated 17.02.2025, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

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Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant no. 1(husband) and the opposite party no. 2(wife) have decided to reunite and live

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together as husband and wife, para-7(a) and therefore the impugned charge sheet be quashed on the ground of settlement arrived at between the parties.

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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 04.10.2024 between the parties and the Mediation succeeded and they have decided to reunite and live together as husband and wife, para-7(a). 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(g) of the said mediation report.

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Learned State counsel could not dispute the factum of compromise between the parties which is on record.

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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 charge sheet as prayed for by the applicants.

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The present application is allowed.

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The impugned charge sheet dated 20.11.2023 and proceedings of the aforesaid case are hereby quashed.

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(Samit Gopal, J.)

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Order Date :- 4.3.2025 Abhishek Sri.

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Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad

Neeraj and 3 Others v. State of Up and Another

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