Allahabad High Court
Harsh Vaibhav Gupta vs State Of U.P. And Another on 21 April, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 14137 of 2023
Applicant :- Harsh Vaibhav Gupta
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shive Datta Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Shive Datta Yadav, learned counsel for the applicants, Sri R.K.Gupta, learned State counsel and perused the record.
3. This application u/s 482 Cr.P.C. has been filed by the applicant Harsh Vaibhav Gupta with the prayer to quash the entire proceedings of Criminal Case No. 18031 of 2022 (Old No. 152 of 2022), State vs. Harsh Vaibhav Gupta and others, under Sections 498A, 323, 504, 506 I.P.C.& 3/4 D.P. Act, P.S.- Mahila Thana, District, Bijnore, pending in the court of Judicial Magistrate/F.T.C., Court No. 2, Bijnore in view of the settlement agreement dated 31.3.2023 and with the further prayer to stay the further proceedings of the said case.
4. Learned counsel for the applicant submits that the applicant had earlier filed a criminal misc. application under Section 482 Cr.P.C. challenging the charge sheet, cognizance order/summoning order and the entire proceedings of the case in which vide order dated 23.8.2022 the matter was referred to the Mediation and Conciliation Centre of this Court for settlement with the observation that after completion of mediation proceedings, whatever may be the outcome, the applicant shall be at liberty to file a fresh petition under Section 482 Cr.P.C. along with the mediation centre's report. Para-9 and 10 of the affidavit has been placed before the Court to buttress the said arguments. It is argued that in compliance of the said order the parties appeared before the Mediation Centre and the parties had arrived at an amicable settlement resolving the disputes and differences and decided to dissolve their marriage with their own free will and in terms of interim settlement dated 3.3.2023. It is argued that the parties have filed a divorce petition under Section 13B of Hindu Marriage Act before the Court of Principal Judge, Family Court, Bijnore on 14.3.2023 as Case No. 164 of 2023, copies of plaint of divorce petition as well as order sheet have been annexed as annexure no. 5 and 6 to the affidavit. It is argued that in compliance of the settlement agreement dated 31.3.2023 (annexure no. 7 to the affidavit), the applicant had paid Rs.6,50,000/- through demand draft bearing no. 443902 &443903, dated 10.3.2023 each for Rs. 3,25,000/- and the same have been handed over to his wife Pooja Agarwal and the remaining amount of Rs.6,50,000/- has to be paid at the time of final judgment/decree in the divorce petition. Para-14 of the affidavit has been placed before this Court for the same.
5. Learned counsel for the applicant argued that since the matter has been amicably settled between the parties and opposite party no. 2 is not interested to pursue the same pending in the trial court and is not inclined to give any evidence against him, the impugned proceedings against the applicant be quashed on the ground of compromise between the parties.
6. Learned counsel for the State could not dispute the said arguments of learned counsel for the applicant.
7. From perusal of the report of Mediation Centre of this Court, it appears that mediation proceedings ended in a settlement dated 31.3.2023 between the parties 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(e) of the said mediation report.
8. 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 [email protected] @ 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.
9. 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 applicant(s).
10. The present application is allowed.
11. The proceedings of the aforementioned case are hereby quashed.
(Samit Gopal,J.)
Order Date :- 21.4.2023
{Naresh}
