Vijay Singh Bhadauria & Anr. v. State of U.P & Anr.

Heard Ms Shewta Rai, learned counsel holding brief of Sri Puneet Bhadauria, learned counsel for the applicant, Ms Akriti Chaturvedi, learned counsel for the opposite party no.2, Sri Shashank Maurya, learned counsel for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the entire proceeding of Criminal Case No. 161589 of 2023 (State Vs. Vijay Singh and Another), under Section 420/406 and 506 IPC, arising out of charge sheet No. 01 dated 27.03.2023 in case crime no. 28 of 2023 dated 12.01.2023, Police Station Chakeri, District Kanpur Nagar pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar as well as the impugned cognizance order dated 31.10.2023 passed by Chief Metropolitan Magistrate, Kanpur Nagar 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 20.05.2024 for making an effort between the parties for settling their disputes amicably.

As per the office report dated 28.07.2025 , a report from the Mediation Centre of this Court is on record.

As per report of Mediation Centre dated 24.04.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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 between the parties subject to the terms and conditions mentioned therein 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 (f) of the said mediation report.

Learned counsel for the opposite party no.2 submits that she has received the entire amount of money from the applicants as settled between them and referred in the settlement agreement dated 24.04.2025 before the Mediation and Conciliation Centre of this Court and thus she has no objection in allowing the present application under Section 482 Cr.P.C. and granting the prayer made therein.

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 present application is allowed.

The entire proceedings of the aforesaid case as well as cognizance order passed in the aforesaid case are hereby quashed. Order Date :- 29.7.2025 PS (Samit Gopal, J.) POOJA SHARMA High Court of Judicature at Allahabad