Siddharth Jain And Others vs State Of U.P. Thru. Secy. Home. Lko And ...
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Allahabad High Court

Siddharth Jain And Others vs State Of U.P. Thru. Secy. Home. Lko And ... on 23 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39311
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 4874 of 2021
 

 
Applicant :- Siddharth Jain And Others
 
Opposite Party :- State Of U.P. Thru. Secy. Home. Lko And Another
 
Counsel for Applicant :- Piyush Kumar Singh,Sudhir Kumar Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

Heard learned counsel for the petitioners, learned A.G.A. for the State-respondent No.1 as well as learned counsel appearing for respondent No.2.

Learned counsel for the petitioners submits that petitioner No.1 is husband of respondent No.2 and petitioners No.2 and 3 are father-in-law and mother-in-law of respondent No.2 respectively.

It is submitted by learned counsel for the petitioners that vide order dated 06.01.2022 passed in Application U/S 482 No.4967 of 2021 (Kshitij Jain and another vs. State of U.P. and anr.), the matter was referred to the Mediation and Conciliation Centre of this Court. A settlement agreement has arrived between husband and wife on 13.10.2022, which is on record. The parties have amicably settled the dispute and further agreed to withdraw all the cases going on between them. This fact has been mentioned in Clause 7 of the settlement agreement dated 13.10.2022. It is submitted that on the basis of the settlement agreement, the proceedings qua the petitioner Kshitij Jain and Pankaj Jain have been quashed and the petition has been allowed vide judgment and order dated 25.08.2023.

It is further submitted that this petition is on behalf of the husband, father-in-law and mother-in-law although both the petitions were connected and the order ought to have been passed in this case also however, the same is left to be passed. It is prayed that impugned proceedings may also be quashed.

Learned A.G.A. has raised an objection and has submitted that petition bearing No.4967/2021 was allowed vide judgment and order dated 25.08.2023 on the basis of settlement agreement arrived between the parties dated 13.10.2022. The charge-sheet dated 20.09.2020 as well as the summoning order dated 20.01.2021 have also been quashed.

It is further submitted by learned A.G.A. that after the summoning order and the charge-sheet have been quashed and they do not exist any more, no fresh order is required to be passed.

The relevant part of order dated 25.08.2023 passed by Co-ordinate bench of this Court in Application U/S 482 No.4967 of 2021 is extracted below:-

?6. Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 13.10.2022 before the Mediation and Conciliation Centre of this Court, the present application is allowed and proceedings of charge sheet dated 20.9.2020 under Section 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station Naka Hindola as well as summoning order dated 20.1.2021, are hereby quashed.?

A perusal of the aforesaid order dated 25.08.2023 shows that the proceedings of charge-sheet dated 20.09.2020 under Section 498-A, 323, 504 IPC as well as under Section 3/4 D.P. Act, P.S. Naka Hindola and summoning order dated 20.01.2021 have already been quashed vide judgment and order dated 25.08.2023 that covers the petitioners of this case also, there is no need to pass any fresh order.

Accordingly, the petition stands disposed of in terms of judgment and order dated 25.08.2023 passed in Application U/S 482 No.4967/2021.

Order Date :- 23.5.2024

Saurabh Yadav/-