Allahabad High Court
Radhey Shyam And Another vs State Of U.P. And Another on 28 August, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:173444
Court No. - 69
Case :- APPLICATION U/S 482 No. - 17587 of 2023
Applicant :- Radhey Shyam And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Saroj Kumar Tiwari
Counsel for Opposite Party :- G.A.,Nagendra Bahadur Singh
Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Rajeev Mishra, Advocate, holding brief of Sri Saroj Kumar Tiwari, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State. Sri Nagendra Bahadur Singh, learned counsel for opposite party no. 2 is not present.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Radhey Shyam and Karnpal with the prayer to allow the present application and quash the impugned judgment and order dated 1.12.2021 passed by District and Sessions Judge, Aligarh in Criminal Appeal No. 78 of 2020 (Radhey Shyam and others Vs. State of U.P. and others) as well as impugned order dated 13.8.2021 passed by Judicial Magistrate/Civil Judge (J.D.) FTC-01, Aligarh in Case No. 593 of 2019 (Lavi @ Ravi Vs. Radhey Shyam and another) under Sections 12, 18, 19, 20, 22, 23 Protection of Women from Domestice Violence Act. 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.
4. The matter was referred to the Mediation Centre of this Court vide order dated 11.5.2023 for making an effort between the parties for settling their disputes amicably.
5. As per report of Mediation Centre dated 25.7.2023 the parties have entered into settlement dated 25.7.2023 in view of Interim Settlement dated 11.7.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.
6. As per the office report dated 28.8.2023 a report from the Mediation Centre of this Court is on record.
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 25.7.2023 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(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 applicants.
10. The present application is allowed.
11. The proceedings of the present case as well as the summoning order/charge sheet in the aforesaid case are hereby quashed.
Order Date :- 28.8.2023
Aiman
(Samit Gopal,J.)
