Allahabad High Court
Rajeev Yadav vs State Of U.P. And Another on 22 August, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:169013
Court No. - 69
Case :- APPLICATION U/S 482 No. - 19376 of 2021
Applicant :- Rajeev Yadav
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vijay Kumar Srivastava,Rajesh Yadav,Tanisha Jahangir Monir
Counsel for Opposite Party :- G.A,Sanjay Dwivedi
Hon'ble Samit Gopal,J.
1. Sri Rajesh Yadav, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and Sri Sanjay Dwivedi, learned counsel for the opposite party no. 2 are present.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the impugned charge sheet no. 01 dated 15.10.2020 in Case Crime No. 0412 of 2019, under sections 419, 420, 498-A, 377, 313, 323, 504, 509 I.P.C. and 3/4 D.P. Act, 1961, Police Station Daraganj, District Prayagraj.
3. It is a common ground between the parties that the parties have settled their dispute before the Mediation and Conciliation Centre of this Court and a settlement agreement dated 07.09.2022 has been drawn between them and the mediation has succeeded. It is further common ground between the learned counsel for the parties that the remaining amount of Rs. 12,75,000/- which was to be paid by the applicant to the opposite party no. 2 in the family court although was decided to be paid at the time of final judgment of the said case as per clause 7(d) of the said settlement agreement but the same has been paid by the applicant to the opposite party no. 2 and as such no dues remain to be paid, only the decision by the family court is awaited.
4. The matter was referred to the Mediation Centre of this Court vide order dated 08.11.2021 for making an effort between the parties for settling their disputes amicably.
5. As per report of Mediation Centre dated 07.09.2022, the parties have entered into a settlement agreement dated 07.09.2022 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.
6. As per the office report dated 07.09.2022, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.
7. 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 07.09.2022 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 not to proceed the present case against each other and they have settled the said case amicably and there is no dispute shall be pending between them. They have further agreed that they will not file any case/complaint against each other regarding the present dispute in future also, the said fact is mentioned in para nos.6(d) and 6(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 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.
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.
10. The present application is allowed.
11. The entire proceedings of the aforesaid case as well as impugned order passed in the aforesaid case are hereby quashed. It is directed that Rs. 5000/- shall be deposited by each (both the applicant and opposite party no. 2) before the court concerned subject to which the proceedings may be quashed.
Order Date :- 22.8.2023/K.K. Maurya
(Samit Gopal,J.)
