Gaurav Sharma and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Gaurav Sharma and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings, the charge-sheet dated 15.07.2022 and the cognizance/summoning order dated 18.08.2022 in Case No. 139299 of 2022 (State Vs. Gaurav Sharma and others) arising out of Case Crime No. 40 of 2022, pending in the court of Additional Chief Judicial Magistrate (J.D.) 1st, Kanpur Nagar.

Issue for consideration

Whether the entire criminal proceeding, the charge-sheet dated 15.07.2022 and the cognizance/summoning order dated 18.08.2022 in Case No. 139299 of 2022 (State Vs. Gaurav Sharma and others) arising out of Case Crime No. 40 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Kakadev, District Kanpur Nagar, should be quashed in view of the settlement arrived at between the parties during mediation.

Court's answer

The mediation proceedings ended in a settlement dated 12.11.2024; the parties settled their grievances and the dispute arising in the present matter, agreed to withdraw the cases going on between them, and being husband and wife have reunited and decided to live together.

Ratio / Principle

On perusal of the records and the law laid down by the Apex Court (that cases in which the parties have settled their grievances can be quashed), the present case is a good case for exercising the powers of this Court to quash the proceedings as prayed for by the applicants.

Key takeaways

The application under Section 482 Cr.P.C. is allowed and the proceedings of the present case as well as the summoning order/charge sheet are quashed.ratio¶17

Detailed headnote1 paragraphs

Criminal misc. application under Section 482 Cr.P.C. by Gaurav Sharma and Indra Sharma seeking quashing of the entire proceeding, charge-sheet dated 15.07.2022 and cognizance/summoning order dated 18.08.2022 in Case No. 139299 of 2022 (State Vs. Gaurav Sharma and others) arising out of Case Crime No. 40 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Kakadev, District Kanpur Nagar, pending before the Additional Chief Judicial Magistrate (J.D.) 1st, Kanpur Nagar. The matter had been referred to the Mediation Centre of the Court vide order dated 22.03.2024; per the Mediation Centre report dated 12.11.2024, the parties entered into a settlement dated 12.11.2024 (in view of an Interim Settlement dated 30.07.2024), agreed to withdraw the cases between them, and as husband and wife reunited to live together. Relying on B.S. Joshi v. State of Haryana (2003) 4 SCC 675, Nikhil Merchant v. CBI (2008) 9 SCC 677, Manoj Sharma v. State (2008) 16 SCC 1, Gian Singh v. State of Punjab (2012) 10 SCC 303, Shaifullah v. State of U.P. 2013 (83) ACC 278 and Parbatbhai Ahir v. State of Gujarat (2017) 9 SCC 641, the Court held the case fit for exercise of its quashing powers, allowed the application and quashed the proceedings along with the summoning order/charge sheet. (Neutral Citation: 2025:AHC:24987; decided 20.2.2025 by Samit Gopal, J.)

Neutral Citation No. - 2025:AHC:24987

Court No. - 78

Case :- APPLICATION U/S 482 No. - 9435 of 2024

Applicant :- Gaurav Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Sharma,Anil Kumar Pathak,Chandra Pratap Singh,Manisha Sharma Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

1. List revised.

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

The present application under Section 482 Cr.P.C. has been filed by the applicants- Gaurav Sharma and Indra Sharma, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 15.07.2022 & cognizance/summoning order dated 18.08.2022 in Case No. 139299 of 2022 (State Vs. Gaurav Sharma and others) arising out of Case Crime No. 40 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Kakadev, District Kanpur Nagar, pending in the court of Additional Chief Judicial Magistrate (J.D.) 1st, Kanpur Nagar. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case, during the pendency of present application.

The matter was referred to the Mediation Centre of this Court vide order dated 22.03.2024 for making an effort between the parties for settling their disputes amicably.

As per report of Mediation Centre dated 12.11.2024 the parties have entered into settlement dated 12.11.2024 in view of Interim Settlement dated 30.07.2024 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 12.11.2024 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.

Order Date :- 20.2.2025 AS Rathore

(Samit Gopal,J.)

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