D.P. Act, P.S. Indira Nagar, Lucknow (State v. Ram Bihari and another) pending in the court of A.C.J.M. IInd, Lucknow

1. Heard learned counsel for the parties.

2. The present application under Section 482 CrPC has been filed with the following prayer: "For the facts, reasons and circumstances stated in the accompanying an affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge-Sheet dated 7.10.2023 bearing No.1/2023 arising out of Case Crime No. 270/2023, U/Ss. 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Indira Nagar, District-Lucknow pending in the court of Additional Chief Judicial Magistrate IInd, Lucknow, as Criminal Case No.127736/2023, as well as Summoning order dated 2.12.2023 issued in pursuance thereof contained as ANNEXURE NO.1 & 2 to the accompanying affidavit in the interest of justice. It is further prayed that during the pendency of present Application U/S. 482 Cr.P.C., that this Hon'ble Court may kindly be pleased to stay the further proceeding of the Criminal Case No.127736/2023, (State Vs. Ram Bihari and another) pending in the court of Additional Chief Judicial Magistrate IInd, Lucknow. It is further prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No. 127736/2023, Case Crime No.270/2023, U/Ss. 498A, 323, 405 I.P.C. and 3/4 D.P. Act, P.S. Indira Nagar, Lucknow (State Vs. Ram Bihari and another) pending in the court of A.C.J.M. IInd, Lucknow."

3. This Court vide order dated 03.12.2024 had sent the matter to the Mediation and Conciliation Centre of this Court. The same is quoted here-in-below: "1. In pursuance of earlier order, private respondent is present before this Court. She has no objection in case the matter is sent to the Mediation and Conciliation Center of this Court.

2. Accordingly, the matter is referred to the Mediation and Conciliation Center of this Court where the applicant no.2 and the private respondent shall appear on 12.12.2024 at 11.30 a.m.

3. The applicant no.2 is directed to deposit a sum of Rs.25,000/- before the Senior Registrar of this Court within a week.

4. List this case on 18.02.2025 along with mediation report.

5. Till the next date of listing, impugned proceedings shall remain stayed.

6. In case, the aforesaid amount is not deposited within the stipulated period, the interim order shall automatically vacated."

4. It also appears that in compliance of order of this Court dated 03.12.2024, a SETTLEMENT AGREEMENT has entered into between applicant/husband and opposite party No. 2/wife on 05.05.2025. The Mediation and Conciliation Centre has sent its report along with the settlement agreement, which is on the record.

5. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties in the mediation proceedings as mentioned above, the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue.

6. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicants.

7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

8. At this stage, learned counsel for the opposite party No. 2 has submitted that this Court, at the time of referring the matter on 03.12.2024 to the Mediation and Conciliation Centre of this Court, had directed the applicant No. 2 to deposit a sum of Rs. 25,000/- before the Senior Registrar of this Court and in compliance thereof, the applicant No. 2 had deposited the same before the Senior Registrar of this Court. It is submitted that the amount so deposited may be directed to be released in favour of the opposite party No. 2 within the stipulated time as may be fixed by this Court.

8. Learned counsel for the applicants has no objection to the prayer made by the learned counsel for the opposite party No. 2.

9. In view of the aforesaid prayer, the Senior Registrar of this Court is directed to release the sum of Rs. 25,000/- in favour of the opposite party No. 2 after completing all the necessary formalities, within a period of 10 days from the date a certified copy of this order is served upon him. Order Date :- 16.5.2025 (Manoj K.)

1. Heard learned counsel for the parties.

2. The present application under Section 482 CrPC has been filed with the following prayer: "For the facts, reasons and circumstances stated in the accompanying an affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge-Sheet dated 7.10.2023 bearing No.1/2023 arising out of Case Crime No. 270/2023, U/Ss. 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Indira Nagar, District-Lucknow pending in the court of Additional Chief Judicial Magistrate IInd, Lucknow, as Criminal Case No.127736/2023, as well as Summoning order dated 2.12.2023 issued in pursuance thereof contained as ANNEXURE NO.1 & 2 to the accompanying affidavit in the interest of justice. It is further prayed that during the pendency of present Application U/S. 482 Cr.P.C., that this Hon'ble Court may kindly be pleased to stay the further proceeding of the Criminal Case No.127736/2023, (State Vs. Ram Bihari and another) pending in the court of Additional Chief Judicial Magistrate IInd, Lucknow. It is further prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No. 127736/2023, Case Crime No.270/2023, U/Ss. 498A, 323, 405 I.P.C. and 3/4 D.P. Act, P.S. Indira Nagar, Lucknow (State Vs. Ram Bihari and another) pending in the court of A.C.J.M. IInd, Lucknow."

3. This Court vide order dated 03.12.2024 had sent the matter to the Mediation and Conciliation Centre of this Court. The same is quoted here-in-below: "1. In pursuance of earlier order, private respondent is present before this Court. She has no objection in case the matter is sent to the Mediation and Conciliation Center of this Court.

2. Accordingly, the matter is referred to the Mediation and Conciliation Center of this Court where the applicant no.2 and the private respondent shall appear on 12.12.2024 at 11.30 a.m.

3. The applicant no.2 is directed to deposit a sum of Rs.25,000/- before the Senior Registrar of this Court within a week.

4. List this case on 18.02.2025 along with mediation report.

5. Till the next date of listing, impugned proceedings shall remain stayed.

6. In case, the aforesaid amount is not deposited within the stipulated period, the interim order shall automatically vacated."

4. It also appears that in compliance of order of this Court dated 03.12.2024, a SETTLEMENT AGREEMENT has entered into between applicant/husband and opposite party No. 2/wife on 05.05.2025. The Mediation and Conciliation Centre has sent its report along with the settlement agreement, which is on the record.

5. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties in the mediation proceedings as mentioned above, the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue.

6. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicants.

7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

8. At this stage, learned counsel for the opposite party No. 2 has submitted that this Court, at the time of referring the matter on 03.12.2024 to the Mediation and Conciliation Centre of this Court, had directed the applicant No. 2 to deposit a sum of Rs. 25,000/- before the Senior Registrar of this Court and in compliance thereof, the applicant No. 2 had deposited the same before the Senior Registrar of this Court. It is submitted that the amount so deposited may be directed to be released in favour of the opposite party No. 2 within the stipulated time as may be fixed by this Court.

8. Learned counsel for the applicants has no objection to the prayer made by the learned counsel for the opposite party No. 2.

9. In view of the aforesaid prayer, the Senior Registrar of this Court is directed to release the sum of Rs. 25,000/- in favour of the opposite party No. 2 after completing all the necessary formalities, within a period of 10 days from the date a certified copy of this order is served upon him. Order Date :- 16.5.2025 (Manoj K.)