Bhajan Lal Sharma Alias Bhajan Lal And 2 ... vs State Of U.P. Thru. Addil. Chief Secy. ...
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Allahabad High Court

Bhajan Lal Sharma Alias Bhajan Lal And 2 ... vs State Of U.P. Thru. Addil. Chief Secy. ... on 7 March, 2025

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:14158
 
Court No. - 16
 
Case :- APPLICATION U/S 482 No. - 6081 of 2024
 

 
Applicant :- Bhajan Lal Sharma Alias Bhajan Lal And 2 Others
 
Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Deptt. Home Govt. Lko. And Another
 
Counsel for Applicant :- Sandeep Kumar Ojha,Dilip Kumar Verma
 
Counsel for Opposite Party :- G.A.,Krishna Gopal
 

 
Hon'ble Karunesh Singh Pawar,J.
 

Heard learned counsel for the applicants, learned A.G.A. for respondent State and learned counsel for the private respondent no.2.

The applicant has, through this application, has challenged the impugned order dated 1.3.2024 passed in Criminal Revision No.180 of 2020, by which the criminal revision of the applicants have been rejected, and summoning order dated 18.10.2022 passed in Complaint No.277 of 2022, by which the cognizance against the applicants have been taken by the learned court below under Sections 452, 323, 506 I.P.C., Police Station Ramkot, District Sitapur as well as bailable warrant issued against the applicant on 1.4.2024.

Learned counsel for the applicants submits that the present matter has been referred to the Mediation and Conciliation Center of this Court vide order dated 10.7.2024 by this Court. He further submits that the mediation between the parties has been successful and parties have arrived at a settlement agreement on 25.10.2024 before the Mediation and Conciliation Center of this court. They have settled all the disputes amicably between themselves through the process of conciliation/mediation. The impugned complaint case no.277 of 2022, Smt. Priyanka Gaur vs. Pranav Sharma and others under sections 452, 323, 506 IPC, Police Station Ramkot, District Sitapur has also been settled, which finds place in clause F (ix) of the Settlement Agreement. The mediation report has been sent to this Court.

Learned counsel for the applicants submits that since the matter has been resolved amicable, therefore, the proceedings are liable to be quashed. In support of his argument has relied upon the judgment of the Supreme Court rendered in the case of Gian Singh vs. State of Punjab and another, (2012) 10 Supreme Court Cases 303, in Para 58 and 61 wherein it has been held that in view of amicable settlement of the dispute, if chance of conviction is remote and continuation of the criminal case would cause extreme hardship to the accused, the criminal proceedings of such a nature can be quashed by the High Court exercising powers under Section 482 Cr.P.C.

Learned counsel for the private respondent and learned A.G.A. have conceded the arguments advanced by learned counsel for the applicants.

Perused the record.

Perusal of the record shows that the parties have amicably resolved all the pending 9 matters, the details of which has been given in paragraph 6 (f) of the settlement agreement dated 25.10.2024, including the impugned proceedings of the aforesaid case no.277 of 2022 (supra) through the process of mediation/conciliation, therefore, no purpose would be served by keeping the proceedings pending.

Accordingly, on due consideration to the submissions advanced, settlement agreement, mediation report dated 25.10.2024, which is on record and also the judgment of Gian Singh (supra), the instant application is allowed and the impugned proceedings (supra) are hereby quashed.

Order Date :- 7.3.2025

Madhu D.R/P.S