Allahabad High Court
Rohit Shukla And 2 Other vs State Of U.P. And Another on 28 April, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 3582 of 2023
Applicant :- Rohit Shukla And 2 Other
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sharad Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Sharad Kumar Srivastava, learned counsel for the applicants and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
Earlier, the matter was referred to the mediation centre by order dated 13.02.2023. As per the report from mediation centre dated 14.03.2023, mediation has completed and settlement agreement dated 14.03.2023 has been annexed.
As per settlement agreement dated 14.03.2023, the parties have amicably settled the dispute at the mediation centre with the following conditions:-
"(a) That after living together as husband and wife the parties appeared and stated to the mediators that they are satisfied with this reunion and further they want to continue it for the rest of their lives.
(b) That the parties have decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other in any manner whatsoever.
(c) That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.
(d) That the husband undertakes to take care of his wife and a daughter and provide all essential requirements and amenities to them in future.
(e) That it has also been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
(f) That in view of the present final settlement both the parties have further agreed that they will not file any fresh cases against each other in respect to their present matrimonial dispute in future and will adhere to the conditions of the present settlement.
(g) That it has been agreed between the parties that they shall not violate the terms and conditions of the settlement, otherwise the aggrieved party will be free to take legal recourse."
Learned counsel for the parties submit that in view of the aforesaid conditions mentioned in the agreement, the entire proceedings of the aforesaid case may be quashed by this Court.
Learned A.G.A. has no objection to the same.
This Court is not unmindful of the following judgements of the Apex Court:
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; and
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.
Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute before the mediation centre.
Accordingly, the proceedings of the charge sheet no.126 of 2022 dated 30.11.2022 as well as summoning order dated 04.01.2023 and Case No.786 of 2023 (State Vs. Rohit Shukla and others), arising out of Case Crime No.0183 of 2022, under Sections 323, 504, 506, 498A I.P.C. & Section 3/4 D.P. Act, Police Station-Kotwali, District-Kanpur Nagar, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar, on the basis of settlement between the parties, before the mediation centre, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 28.4.2023
Rahul.
