Smt. Meera Singh vs State Of U.P. And Another
2025 Latest Caselaw 11317 ALL

Allahabad High Court

Smt. Meera Singh vs State Of U.P. And Another on 9 October, 2025

Author: Samit Gopal

Bench: Samit Gopal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:179591
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 482 No. - 31127 of 2022   
 
   Smt. Meera Singh    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
R.P.S. Chauhan   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
A.K. Mishra, G.A., Gufran Ahmad Khan, K.K.Rao, S.S. Tripathi   
 
     
 
 Court No. - 66
 
   
 
 HON'BLE SAMIT GOPAL, J.      

1. List revised.

2. Heard Sri Ganesh Pratap Singh, Advocate, holding brief of Sri R.P.S. Chauhan, learned counsel for the applicant, Sri Gufran Ahmad Khan, learned counsel for the opposite party no. 2, Sri Triveni Saran Rai, learned counsel for the State and perused the records.

3. The present application under Section 482 Cr.P.C. has been filed with the following prayers:-

"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the entire proceeding of Case No.1568 of 2020 converted as 5988 of 2021 arising out of Case Crime No.33/2020, u/s 323, 504, 506 IPC, Police Station Binawar, District Budaun (State Vs. Meera Singh) pending in the court of learned III Additional Civil Judge (J.D.)/ Judicial Magistrate, Budaun also quashing the impugned Charge sheet no. 73/2020 dated 15.05.2020 in Case Crime No.33/2020, u/s 323, 504, 506 IPC, Police Station Binawar, District Budaun and cognizance order dated 19.03.2021 passed by learned III Additional Civil Judge (J.D.)/ Judicial Magistrate, Budaun in Case No.1568 of 2020 converted as 5988 of 2021 arising out of Case Crime No.33/2020, Police Station Binawar, District Budaun and order dated 23.05.2022 passed by learned Additional Civil Judge, Court No. 10, Budaun in Criminal Revision No.18/2022 (Meera Singh Vs. State of U.P. and another) (Annexure Nos. 9, 10, 11 to this application).

It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceedings of Case No.1568 of 20220 converted as 5988 of 2021 arising out of Case Crime No.33/2020, u/s 323, 504, 506 IPC, Police Station Binawar, District Budaun, (State Vs. Meera Singh) pending in the court of learned III Additional Civil Judge (J.D.)/ Judicial Magistrate, Budaun, during the pendency of present application, otherwise the applicant shall suffer irreparable loss and injury.

And or to pass any other or further order which may deem fit and proper in the facts and circumstances of the case."

4. Learned counsel for the applicant submits that the applicant is wife of the opposite party no. 2 and the present dispute has arisen as an off-shoot of matrimonial discord. It is submitted that the parties have entered into a compromise and a settlement agreement dated 04.5.2024 was drawn between them before the Mediation and Conciliation Centre of this Court wherein the matter was referred in First Appeal No. 247 of 2024, Smt. Meera Singh vs. Sandeep Kumar Singh and another, by a Division Bench of this Court and the said settlement agreement has been placed before the Court which is at page no. 10 of the joint compromise affidavit dated 06.5.2024. It is submitted that the Division Bench of this Court then disposed of the said First Appeal in terms of settlement agreement vide order dated 29.5.2024. The same has been placed before the Court which reads as under:-

"1. Heard Sri R.P.S. Chauhan, learned counsel for the appellant and Sri K.K. Rao, learned counsel for the respondent.

2. The present appeal has been filed against the impugned judgment and order dated 09.2.2024 passed by Additional Principal Judge, Family Court, Budaun in Matrimonial Petition No. 459/2019 under section 13 (i) (i-a) (i-b) of Hindu Marriage Act.

3. Vide order dated 30.4.2024, the matter was referred to the Mediation Centre for entering into formal settlement agreement.

4. As per mediation report dated 04.5.2024 and the settlement agreement dated 04.5.2024, the matter has been settled between the parties. However, a perusal of the order dated 23.5.2024, it appears that there was some confusion between the parties. The said order is quoted as under:

"1. Heard Shri Ganesh Pratap Singh, holding brief of Shri R.P.S Chauhan, learned counsel for the appellant and Shri K.K. Rao, learned counsel for the sole-respondents.

2. Initially settlement was pressed. Pursuant thereto two demand drafts for Rs.74 lakhs and Rs.3 lakhs were handed over by learned counsel for the respondent to the appellant also house keys were handed over by the appellant to the learned counsel for the respondent.

3. Later some doubt has been expressed by the appellant- who is also present in the Court.

4. Accordingly, the two demand drafts for Rs.74 lakhs and Rs.3 lakhs have been returned by her. Let the same be retained in sealed cover by the Registrar General.

5. Similarly, Shri K.K. Rao, may return keys to the appellant by tomorrow.

6. Put up this case on 29.05.2024 before the appropriate bench.

7. Matter may not be treated as part heard or tied up to this bench."

5. Today, Sri R.P.S. Chauhan, learned counsel for the appellant and Sri K.K. Rao, learned counsel for the respondent state in categorical terms that now some of the proceedings have already been withdrawn and formal orders in this regard have been passed by appropriate courts and some other matters are still pending where withdrawal applications have already been filed and they shall be withdrawn.

6. Both of them submit in categorical terms that the present appeal may be decided finally in terms of para 6 of the settlement agreement dated 04.5.2024. Para 6 is quoted as under:

"6. The following settlement has been arrived at between the Parties hereto:-

a) That the parties have already settled their dispute and filed a joint compromise affidavit dated 30.04.2024 before the Hon'ble Court in First Appeal No. 247 of 2024. The parties stated that the aforesaid compromise contains all the terms and conditions of the agreement, as such the same shall be a part of the settlement also. Further they reiterate and reaffirm the terms and conditions mentioned in compromise deed 30.04.2024.

b) That the parties further states that now they do not want to litigate further regarding present dispute.

c) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn or qushed by the parties concerned by taking appropriate steps before the Court/authority concerned.

d) That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also.

e) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."

7. The present appeal stands disposed of in terms of the settlement agreement dated 04.5.2024.

8. Sri R.P.S. Chauhan, learned counsel for the appellant has handed over the keys to Sri K.K. Rao, learned counsel for the respondent in the Court.

9. Registrar General is directed to release the two demand drafts as mentioned in the above quoted order dated 23.5.2024 in favour of Smt. Meera Singh (appellant herein) present in the Court within three days as per rules."

5. It is submitted that since dispute was between husband and wife and the parties have entered into a compromise, the present petition under Section 482 Cr.P.C. be also allowed and the impugned proceedings, charge sheet and cognizance order be quashed. A compromise deed has also been placed before the Court which is dated 29.4.2024 and annexed at page no. 10 of the said joint compromise affidavit, in which the present case has also been settled between the parties and reference of which is mentioned in Clause-B (5) of the said compromise deed.

6. Learned counsel for the opposite party no. 2 does not dispute the said fact.

7. Learned A.G.A. also does not dispute the factum of compromise between the parties.

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 impugned proceedings, charge sheet and cognizance order as prayed for by the applicant.

10. The present application is allowed.

11. The impugned proceedings, charge sheet and cognizance order of the case as prayed for by the applicant are hereby quashed.

(Samit Gopal,J.)

October 9, 2025

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