Belal Ahmad And 3 Others v. State of U.P & Anr.

Heard Sri Mirza Ali Zulfaqar, learned counsel for the applicants, Sri V.D. Ojha, learned counsel for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicants Belal Ahmad, Kismat Ali, Smt. Shahnaz Begam and Km. Shayma Khatoon with the prayer to allow the present application and quash the entire proceeding of Case No. 886 of 2022 (State Vs. Belal Ahmad and others, under Sections 498-A, 323, 506 IPC and Section 3/4 of D.P. Act, arising out of Case Crime No. 25/2022, Police Station Mahila Thana, District Basti as well as the charge sheet dated 14.04.2022 and cognizance order dated 08.08.2022, pending in the court of learned Judicial Magistrate/Fast Track Court (Crime against Women), Basti and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

The matter was referred to the Mediation Centre of this Court vide order dated 30.01.2024 for making an effort between the parties for settling their disputes amicably. The dispute is matrimonial in nature.

As per report of Mediation Centre dated 18.09.2024 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them in view of interim settlement agreement dated 31.07.2024.

As per the office report dated 04.02.2025, a report from the Mediation Centre of this Court is on record.

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 18.09.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising 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.

Learned counsel for the State has no objection to the said proposition.

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.

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 applicant(s).

The entire proceedings, charge sheet dated 14.04.2022 and cognizance order dated 08.08.2022 of the aforesaid case are hereby quashed. Order Date :- 5.2.2025 M. ARIF (Samit Gopal, J.)