Vajahat Kareem And 3 Others v. State of U.P & Anr.

Heard Sri Abhiuday Mehrotra, learned counsel for the applicant(s), Sri N.I. Jafri, learned Senior Advocate assisted by Sri Gufran Ahmad Khan, Advocate holding brief of Sri Sadrul Islam Jafri, learned counsel for the opposite party no.2 and Sri Birendra Pratap Singh, learned counsel for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicants Vajahat Kareem, Smt. Zohra Khatoon, Sarwar Ali and Shabnam Parveen with the prayer to allow the present application and set aside the impugned summoning order dated 10.09.2021 in Criminal Case No. W/S 216/2021 (Case Crime No. 120/2020) passed by Court of A.C.J. (J.D.)-XXI, Allahabad District Prayagraj along with FIR dated 14.10.2020 including the charge sheet dated 20.11.2020 and the entire criminal proceeding, under Sections 498-A, 323, 354-A, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Prayagraj, pending in the court of A.C.J. (J.D.)-XXI, Allahabad.

The matter was referred to the Mediation Centre of this Court vide order dated 02.08.2024 for making an effort between the parties for settling their disputes amicably.

As per report of Mediation Centre dated 11.03.2025 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them and further they have decided to reunite and live together rest of their lives in view of interim settlement agreement dated 10.12.2024, 21.01.2025.

As per the office report dated 07.04.2025 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

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 11.03.2025 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-g 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 impugned summoning order dated 10.09.2021, FIR dated 14.10.2020 including the charge sheet dated 20.11.2020 along with the entire criminal proceedings of the aforesaid case are hereby quashed. (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad Order Date :- 24.7.2025 M. ARIF