Gonda, State v. Manendra Singh

Heard learned counsel for the applicants, learned AGA for the State and gone through the record. The present application has been filed by the applicants for the following main relief(s):- "For the facts, reasons and circumstances as stated in the accompanying afÏdavit, It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 61/2021, Section-498-A,323,354,506 I.P.C.& 3/4DP Act, P.S. Mahila District-Gonda, State versus Manendra Singh @ Mannu Singh & Others, pending in the Court of First Additional Civil Jadge (Ju.Di.)/J.M., Gonda, in the interest of justice." It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 24.05.2023 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. The same is quoted hereinbelow:- "Vakalatnama filed by Sri Amar Singh, advocate learned counsel for the opposite party no. 2 is taken on record. Heard Sri Jyoti Prakash, learned counsel for the applicant, Sri Amar Singh, learned counsel for the opposite party no. 2, Sri Manoj Kumar Singh, learned counsel for the State and perused the material placed on record. Instant application has been filed by the applicants, namely, Manendra Singh, Rajendra Singh, Pushpa Singh, Rashmi Singh, Sandeep Singh, Jyoti Singh and Neha Singh with a prayer to quash the entire proceedings of Case Crime No. 0061 of 2021, State versus Manendra Singh @ Mannu Singh & Others, under Sections 498-A, 323, 354, 506 I.P.C.& 3/4 D.P. Act, P.S. Mahila Thana, District Gonda, pending in the Court of First Additional Civil Judge (Junior Division)/ J.M., Gonda. In compliance of the order dated 13.04.2023, the applicant no. 1, Manendra Singh @ Mannu and Opposite party No. 2, Smt. Sonam Singh are present before this Court in person, who have been identified by their respective counsels. The parties stated before this Court that the matter may be referred to the Mediation and Conciliation Centre of Allahabad High Court, Lucknow. The parties are directed to appear before the Mediation and Conciliaton Centre of Allahabad High Court, Lucknow on 31.05.2023 and thereafter, the Mediation is allowed two months time to conclude the mediation proceedings. The amount of Rs.15,000/- deposited before the Senior Registrar, by the applicant shall be given to the opposite party no. 2 within a period of ten days from today. Put up this Case on 14.09.2023 before appropriate Court. Till the next date of listing, the criminal proceeding of Case Crime No. 0061 of 2021, State versus Manendra Singh @ Mannu Singh & Others, under Sections 498-A, 323, 354, 506 I.P.C.& 3/4 D.P. Act, P.S. Mahila Thana, District Gonda, pending in the Court of First Additional Civil Judge (Junior Division)/ J.M., Gonda, shall remain stayed. This case shall not be treated as tied up or part heard with this Bench. " It also appears that in compliance of the aforesaid order, a SETTLEMENT AGREEMENT has been entered into between applicant/husband and opposite party No. 2/wife on 06.10.2023. The Mediation and Conciliation Centre has sent its report along with the settlement agreement, which is on the record. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, 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, according to which, in given facts, based upon the settlement between the parties in the mediation proceedings as mentioned above, the criminal proceedings can be quashed, 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. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicants. OfÏce/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 6.5.2025 Nitesh NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicants, learned AGA for the State and gone through the record. The present application has been filed by the applicants for the following main relief(s):- "For the facts, reasons and circumstances as stated in the accompanying afÏdavit, It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 61/2021, Section-498-A,323,354,506 I.P.C.& 3/4DP Act, P.S. Mahila District-Gonda, State versus Manendra Singh @ Mannu Singh & Others, pending in the Court of First Additional Civil Jadge (Ju.Di.)/J.M., Gonda, in the interest of justice." It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 24.05.2023 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. The same is quoted hereinbelow:- "Vakalatnama filed by Sri Amar Singh, advocate learned counsel for the opposite party no. 2 is taken on record. Heard Sri Jyoti Prakash, learned counsel for the applicant, Sri Amar Singh, learned counsel for the opposite party no. 2, Sri Manoj Kumar Singh, learned counsel for the State and perused the material placed on record. Instant application has been filed by the applicants, namely, Manendra Singh, Rajendra Singh, Pushpa Singh, Rashmi Singh, Sandeep Singh, Jyoti Singh and Neha Singh with a prayer to quash the entire proceedings of Case Crime No. 0061 of 2021, State versus Manendra Singh @ Mannu Singh & Others, under Sections 498-A, 323, 354, 506 I.P.C.& 3/4 D.P. Act, P.S. Mahila Thana, District Gonda, pending in the Court of First Additional Civil Judge (Junior Division)/ J.M., Gonda. In compliance of the order dated 13.04.2023, the applicant no. 1, Manendra Singh @ Mannu and Opposite party No. 2, Smt. Sonam Singh are present before this Court in person, who have been identified by their respective counsels. The parties stated before this Court that the matter may be referred to the Mediation and Conciliation Centre of Allahabad High Court, Lucknow. The parties are directed to appear before the Mediation and Conciliaton Centre of Allahabad High Court, Lucknow on 31.05.2023 and thereafter, the Mediation is allowed two months time to conclude the mediation proceedings. The amount of Rs.15,000/- deposited before the Senior Registrar, by the applicant shall be given to the opposite party no. 2 within a period of ten days from today. Put up this Case on 14.09.2023 before appropriate Court. Till the next date of listing, the criminal proceeding of Case Crime No. 0061 of 2021, State versus Manendra Singh @ Mannu Singh & Others, under Sections 498-A, 323, 354, 506 I.P.C.& 3/4 D.P. Act, P.S. Mahila Thana, District Gonda, pending in the Court of First Additional Civil Judge (Junior Division)/ J.M., Gonda, shall remain stayed. This case shall not be treated as tied up or part heard with this Bench. " It also appears that in compliance of the aforesaid order, a SETTLEMENT AGREEMENT has been entered into between applicant/husband and opposite party No. 2/wife on 06.10.2023. The Mediation and Conciliation Centre has sent its report along with the settlement agreement, which is on the record. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, 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, according to which, in given facts, based upon the settlement between the parties in the mediation proceedings as mentioned above, the criminal proceedings can be quashed, 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. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicants. OfÏce/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 6.5.2025 Nitesh NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench