State of U.P v. Anil & others
Case Details
"Quash the impugned order dated 03.09.2022 and Chargesheet/Final Report dated 08.05.2022 passed in Case Crime No. 0276 of 2021, P.S. Sarojini Nagar, District Lucknow, titled as "State of U.P. vs. Anil & others" pending before ACJM 8, Lucknow, directing the summoning of the petitioners as accused contained in ANNEXURE No. 1 and every proceeding arising out of the same." Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 15.04.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties. In compliance of order of this Court dated 15.04.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 26.09.2024 has submitted its report, which has been annexed as 'Annexure- E', wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels. Para 6 of the settlement agreement dated 26.09.2024 is quoted herein- below: "6. The following settlement has been arrived at between the Parties hereto: A) That the parties have decided to live together happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B) That the parties have agreed to live separately at a separate rental accommodation at Delhi for which the rents be paid by the First Party. C) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment to each other and each other's family members. D) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. E) That the parties have also agreed that no family member of either of the parties will interfere in their peaceful living. F) That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. G) That the parties have agreed that the First Party/husband shall maintain his two daughters and wife/Second Party and provide all facilities for upbringing of the children. H) That the parties have agreed to withdraw/not to pursue the cases filed against each other and their family member. The details of the cases are mentioned hereunder: (i) Case No.5996 of 2023 U/S 12 of D. V. Act pending before the Court of J. M.- III, Lucknow. (ii) Case No.674 of 2021 (recall application number-2112 of 2023) U/S 125 Cr. P. C. pending before Additional Principal Judge-VIII, Family Court, Lucknow. (iii) Case Crime No.0276 of 2021, P. S.- Sarojini Nagar, District- Lucknow titled as "State of U. P. Vs. Anil & Others" pending before the A.C.J.M.-8, Lucknow. I) That the parties have agreed that they shall not have any objection if the APPLICATION U/s 482 No.2071 of 2024 (Vimal Singh Solanki & Others Vs. State of U. P. & Another) is allowed and Case Crime No.0276 of 2021, P. S.- Sarojini Nagar, District-Lucknow titled as "State of U. P. Vs. Anil & Others" pending before the A.C.J.M.-8, Lucknow be quashed in terms of this Settlement Agreement. J) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. K) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. L) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, 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 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. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of FIR No./Case Crime No., quoted above, are hereby quashed qua the applicant(s) in terms of settlement agreement. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 8.1.2025 Mohit Singh/-
"Quash the impugned order dated 03.09.2022 and Chargesheet/Final Report dated 08.05.2022 passed in Case Crime No. 0276 of 2021, P.S. Sarojini Nagar, District Lucknow, titled as "State of U.P. vs. Anil & others" pending before ACJM 8, Lucknow, directing the summoning of the petitioners as accused contained in ANNEXURE No. 1 and every proceeding arising out of the same." Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 15.04.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties. In compliance of order of this Court dated 15.04.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 26.09.2024 has submitted its report, which has been annexed as 'Annexure- E', wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels. Para 6 of the settlement agreement dated 26.09.2024 is quoted herein- below: "6. The following settlement has been arrived at between the Parties hereto: A) That the parties have decided to live together happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B) That the parties have agreed to live separately at a separate rental accommodation at Delhi for which the rents be paid by the First Party. C) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment to each other and each other's family members. D) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. E) That the parties have also agreed that no family member of either of the parties will interfere in their peaceful living. F) That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. G) That the parties have agreed that the First Party/husband shall maintain his two daughters and wife/Second Party and provide all facilities for upbringing of the children. H) That the parties have agreed to withdraw/not to pursue the cases filed against each other and their family member. The details of the cases are mentioned hereunder: (i) Case No.5996 of 2023 U/S 12 of D. V. Act pending before the Court of J. M.- III, Lucknow. (ii) Case No.674 of 2021 (recall application number-2112 of 2023) U/S 125 Cr. P. C. pending before Additional Principal Judge-VIII, Family Court, Lucknow. (iii) Case Crime No.0276 of 2021, P. S.- Sarojini Nagar, District- Lucknow titled as "State of U. P. Vs. Anil & Others" pending before the A.C.J.M.-8, Lucknow. I) That the parties have agreed that they shall not have any objection if the APPLICATION U/s 482 No.2071 of 2024 (Vimal Singh Solanki & Others Vs. State of U. P. & Another) is allowed and Case Crime No.0276 of 2021, P. S.- Sarojini Nagar, District-Lucknow titled as "State of U. P. Vs. Anil & Others" pending before the A.C.J.M.-8, Lucknow be quashed in terms of this Settlement Agreement. J) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. K) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. L) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, 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 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. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of FIR No./Case Crime No., quoted above, are hereby quashed qua the applicant(s) in terms of settlement agreement. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 8.1.2025 Mohit Singh/-