State of U.P. and Another v. Party

2. Heard Sri Mayank Gaurav, learned counsel for the applicants and Sri V.D. Ojha, learned counsel for the State and perused the records. Sri Gaurang Kulshreshtha, learned counsel for the opposite party no.2 is not present even in the revised list.

3. The present application under Section 482 Cr.P.C. has been filed by the applicants Vimal Kumar, Jagdish Narayan, Rambitori, Rama and Dolly @ Mamta with the following prayers: "That in view of the facts, circumstances and grounds stated in the accompanying affidavit it is expedient in the interest of justice that this Hon'ble Court may very kindly be pleased to allow this application and i. Quash the Chargesheet dated 02.01.2024, filed in pursuance of Case Crime No. 170 of 2023, Police Station Barnahal, Mainpuri under Sections 498-A and 504 of the Indian Penal Code, 1860 read with Section 3 and 4 of the Dowry Prohibition Act, 1961; ii. Set aside the Order dated 19.01.2024 passed by the learned Judicial Magistrate-II, Mainpuri in Criminal Case No. 1355 of 2024 (State v. Vimal Kumar and others) whereby summons against the Applicants have been issued under Sections 498-A and 504 of the Indian Penal Code, 1860 read with Section 3 and 4 of the Dowry Prohibition Act, 1961 in pursuance of the chargesheet dated 02.01.2024 filed in pursuance of Case Crime No. 170 of 2023, Police Station Barahal, Mainpuri; 2 A482 No. 34502 of 2024 iii. Set Aside the entire proceedings of the Criminal Case No. 1355 of 2024 (State v. Vimal Kumar and others) arising out of charge sheet dated 02.01.2024 filed in Case Crime No. 170 of 2023, Police Station Barnahal, District-Mainpuri: iv. It is further prayed that this Hon'ble Court may kindly graciously be pleased to Stay the proceedings of Criminal Case No. 1355 of 2024 (State v. Vimal Kumar) pending before the Court of learned Judicial Magistrate-II, during the pendency of present Application. Any other pass such other and/or further orders as may be deemed fit and proper in the circumstances of the case, otherwise, the petitioner shall suffer irreparable loss and injury."

4. A demand draft of Rs. 6 lakh bearing No. 367395 dated 03.03.2025 was kept on record vide order dated 06.03.2025 of a co-ordinate Bench of this Court. The order passed therein is extracted hereinbelow: "In compliance of order dated 10.02.2025, the learned counsel for the applicants had deposited the demand draft of Rs.6 Lakhs dated 06.12.2024 bearing Demand Draft No.367332 issued by State Bank of India. As the aforesaid draft is expiring today, therefore, a new draft of Rs.6 Lakhs dated 03.03.2025 bearing Demand Draft No.367395 issued by State Bank of India is being given in the Court today and the same is kept on record. The old draft is returned to the learned counsel for the applicant after retaining a photocopy of the same. Learned counsel for the applicants acknowledges the returning of the old draft dated 06.1.2024 after putting his signature. Office is directed to keep the copy of the new draft as well as the old draft on record. Put up this case, as fresh, on 18th March, 2025. Interim order granted earlier is extended till then."

5. Perusal of the said draft goes to show that its validity was for a period of three months only and as such it has lived its validity period now. The photocopy of the same is also on record.

6. The Registrar General shall return the said draft bearing No. 367395 dated 03.03.2025 of Rs. 6 lakh drawn in favour of Punam Kumari of State Bank of India to the applicant on his proper identification as per rules.

7. Learned counsel for the applicant submits that the matter was referred to the Mediation Centre of this Court vide order dated 18.03.2025 for 3 A482 No. 34502 of 2024 making an effort between the parties for settling their disputes amicably.

8. As per report of Mediation Centre dated 08.04.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of settlement agreement dated

08.04.2025.

9. As per the office report dated 25.08.2025 a report from the Mediation Centre of this Court is on record.

10. 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 08.04.2025 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-f of the said mediation report.

11. Learned counsel for the applicants submits that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Mainpuri. Learned counsel assures that the applicant shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court, Mainpuri. He prayed that a direction for expeditious disposal of the same be given.

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

13. 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 4 A482 No. 34502 of 2024 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.

14. 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).

15. The present application is allowed.

16. The entire proceedings, Charge sheet dated 02.01.2024 as well as summoning order dated 19.01.2024 passed in the aforesaid case are hereby quashed.

17. However, the Principal Judge, Family Court, Mainuri is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

18. Office is directed to communicate this order to the concerned court within two weeks from today. October 15, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Mayank Gaurav, learned counsel for the applicants and Sri V.D. Ojha, learned counsel for the State and perused the records. Sri Gaurang Kulshreshtha, learned counsel for the opposite party no.2 is not present even in the revised list.

3. The present application under Section 482 Cr.P.C. has been filed by the applicants Vimal Kumar, Jagdish Narayan, Rambitori, Rama and Dolly @ Mamta with the following prayers: "That in view of the facts, circumstances and grounds stated in the accompanying affidavit it is expedient in the interest of justice that this Hon'ble Court may very kindly be pleased to allow this application and i. Quash the Chargesheet dated 02.01.2024, filed in pursuance of Case Crime No. 170 of 2023, Police Station Barnahal, Mainpuri under Sections 498-A and 504 of the Indian Penal Code, 1860 read with Section 3 and 4 of the Dowry Prohibition Act, 1961; ii. Set aside the Order dated 19.01.2024 passed by the learned Judicial Magistrate-II, Mainpuri in Criminal Case No. 1355 of 2024 (State v. Vimal Kumar and others) whereby summons against the Applicants have been issued under Sections 498-A and 504 of the Indian Penal Code, 1860 read with Section 3 and 4 of the Dowry Prohibition Act, 1961 in pursuance of the chargesheet dated 02.01.2024 filed in pursuance of Case Crime No. 170 of 2023, Police Station Barahal, Mainpuri; 2 A482 No. 34502 of 2024 iii. Set Aside the entire proceedings of the Criminal Case No. 1355 of 2024 (State v. Vimal Kumar and others) arising out of charge sheet dated 02.01.2024 filed in Case Crime No. 170 of 2023, Police Station Barnahal, District-Mainpuri: iv. It is further prayed that this Hon'ble Court may kindly graciously be pleased to Stay the proceedings of Criminal Case No. 1355 of 2024 (State v. Vimal Kumar) pending before the Court of learned Judicial Magistrate-II, during the pendency of present Application. Any other pass such other and/or further orders as may be deemed fit and proper in the circumstances of the case, otherwise, the petitioner shall suffer irreparable loss and injury."

4. A demand draft of Rs. 6 lakh bearing No. 367395 dated 03.03.2025 was kept on record vide order dated 06.03.2025 of a co-ordinate Bench of this Court. The order passed therein is extracted hereinbelow: "In compliance of order dated 10.02.2025, the learned counsel for the applicants had deposited the demand draft of Rs.6 Lakhs dated 06.12.2024 bearing Demand Draft No.367332 issued by State Bank of India. As the aforesaid draft is expiring today, therefore, a new draft of Rs.6 Lakhs dated 03.03.2025 bearing Demand Draft No.367395 issued by State Bank of India is being given in the Court today and the same is kept on record. The old draft is returned to the learned counsel for the applicant after retaining a photocopy of the same. Learned counsel for the applicants acknowledges the returning of the old draft dated 06.1.2024 after putting his signature. Office is directed to keep the copy of the new draft as well as the old draft on record. Put up this case, as fresh, on 18th March, 2025. Interim order granted earlier is extended till then."

5. Perusal of the said draft goes to show that its validity was for a period of three months only and as such it has lived its validity period now. The photocopy of the same is also on record.

6. The Registrar General shall return the said draft bearing No. 367395 dated 03.03.2025 of Rs. 6 lakh drawn in favour of Punam Kumari of State Bank of India to the applicant on his proper identification as per rules.

7. Learned counsel for the applicant submits that the matter was referred to the Mediation Centre of this Court vide order dated 18.03.2025 for 3 A482 No. 34502 of 2024 making an effort between the parties for settling their disputes amicably.

8. As per report of Mediation Centre dated 08.04.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of settlement agreement dated

08.04.2025.

9. As per the office report dated 25.08.2025 a report from the Mediation Centre of this Court is on record.

10. 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 08.04.2025 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-f of the said mediation report.

11. Learned counsel for the applicants submits that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Mainpuri. Learned counsel assures that the applicant shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court, Mainpuri. He prayed that a direction for expeditious disposal of the same be given.

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

13. 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 4 A482 No. 34502 of 2024 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.

14. 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).

15. The present application is allowed.

16. The entire proceedings, Charge sheet dated 02.01.2024 as well as summoning order dated 19.01.2024 passed in the aforesaid case are hereby quashed.

17. However, the Principal Judge, Family Court, Mainuri is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

18. Office is directed to communicate this order to the concerned court within two weeks from today. October 15, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad