Vijay Narayan Vs State of U.P. and Another

Present application u/s 528 BNSS has been preferred with a prayer to allow the instant application and stay and quash the cognizance/summoning order dated 16.08.2023 passed by Special Judge, POCSO Act, Ghaziabad alongwith quash the proceedings of Case No.322 of 2023, arising out of Case No.178 of 2023 in Case Crime No.178 of 2023 under Sections 354, 354A, 323 IPC and 9/10 POCSO Act as well as Charge sheet No.02 of 2023 dated 06.08.2023, Police Station Salimar Gardan, District Ghaziabad (State vs. Vijay Narayan).

Learned counsel for the applicant as well as learned counsel appearing for opposite party no.2 jointly submit that on the request of parties the matter was referred to Mediation and Conciliation Centre of this Court and by the efforts of mediator the mediation has been successful and it has been stipulated by the parties that they will withdraw all the pending cases filed against each other including the case connected with the instant petition and all the disputes have been settled in terms of the agreement.

It is also stipulated that the case filed by either parties against each other shall be deemed to have been decided in the light of the present settlement. The parties are not having any further claims or demands against each other and all the disputes and differences in this regard have been amicably settled by the parties.

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Highlighting the report of the Mediation Centre which has been placed on record and is also appended along with order sheet, it is submitted that proceedings of the instant case pending before the court below should be quashed. It is also admitted by learned counsel for opposite party no.2 that the terms of settlement have been complied by the parties and opposite party no.2 is not having any objection, if on the basis of settlement, case pending before trial court be quashed.

Learned AGA would have no objection if dispute between the parties is settled through the course of mediation.

Having heard learned counsel for the parties and having perused the record, it is evident that with regard to the above mentioned case pending before learned court concerned in shape of Case Crime No.26 of 2025, the instant application was moved by the applicant. However, the matter was referred to Mediation and Conciliation Centre of this Court and the efforts of the mediator has resulted in amicable settlement between the parties. A settlement has been placed before this Court by the Mediation and Conciliation Centre, Allahabad High Court (appended to the order sheet) wherein the terms and conditions of the settlement has been enumerated and it is categorically stated that the parties have settled the dispute and they do not want to prosecute each other and thus the prayer has been made by learned counsel for the applicant as well as opposite party no.2 to quash the proceedings pending before the court below.

Since the mediation has been successful and report has been sent along with original settlement executed between the parties, thus in view of the law laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in (2012)10 SCC 303, Shiji and others Vs. Radhika and others Manu/ SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, entire proceedings of above mentioned cognizance/summoning order dated 16.08.2023 passed by Special Judge, POCSO Act, Ghaziabad alongwith quash the proceedings of Case No.322 of 2023, arising out of Case No.178 of 2023 in Case Crime No.178 of 2023 under Sections 354, 354A, 323 IPC and 9/10 POCSO Act as well as Charge sheet No.02 of 2023 dated 06.08.2023, Police Station Salimar Gardan, District

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Ghaziabad (State vs. Vijay Narayan), are hereby quqshed and set aside only in respect of applicant herein.