Allahabad High Court
RAHUL KHEWRA AND 3 OTHERSversusState of U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The High Court held that a genuine settlement between the parties warrants quashing of the criminal proceedings under its inherent powers under Section 482 of the CrPC.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash charge sheet No.66/2024 and related proceedings in a case involving offences under Sections 498‑A, 323, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The matter was referred to the Court’s Mediation Centre, where the parties reached an amicable settlement and agreed to withdraw the criminal case. The State had no objection to the settlement. Relying on Supreme Court precedents that allow quashing of criminal proceedings when the parties have settled their grievances, the High Court allowed the application, quashed the charge sheet and all consequent proceedings, and directed the Family Court to expedite a related matrimonial case within 45 days. The order reflects the Court’s exercise of its inherent powers under Section 482 CrPC to prevent abuse of process in light of a genuine settlement.
Issues considered
- Whether a criminal proceeding can be quashed under Section 482 CrPC on the basis of a settlement between the parties.
- Whether the settlement reached through mediation is sufficient to justify dismissal of the charge sheet and related orders.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 13-B
- Indian Penal Code — s. 323, 498-A, 506
Subjects
- quash
- settlement
- Section 482 CrPC
- mediation
- criminal procedure
- family court
- Hindu Marriage Act
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 37660 of 2024
Rahul Khewra And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Vikas Sharma
Counsel for Opposite Party(s) : G.A., Nipun Singh
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Amit Rai, Advocate holding brief of Sri Vikas Sharma,
learned counsel for the applicants, Sri Paritosh Joshi, Advocate holding
brief of Sri Nipun Singh, learned counsel for the opposite party no.2 and
Sri V.D. Ojha, learned counsel for the State and perused the records.
3. The present application under Section 528 BNSS/482 Cr.P.C. has been
filed by the applicants Rahul Khewra, Sudesh, Prabhuram and
Devendra, with the prayer to quash the charge sheet no. 66/2024 dated
06.04.2024 and cognizance as well as summoning order dated 16.05.2024
in Case No. 9900 of 2024 (State Vs. Rahul Kherwa and others) in Case
Crime No. 322/2023, under Sections 498-A, 323, 506 IPC and 3/4 D.P.
Act, Police Station Bhopa, District Muzaffar Nagar, pending before the
court of learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court
No.1, Muzaffar Nagar and all consequential proceedings and with the
further prayer to stay the further proceedings of aforesaid case, during the
pendency of present application.
4. The matter was referred to the Mediation Centre of this Court vide
order dated 02.04.2025 for making an effort between the parties for
settling their disputes amicably.
5. As per report of Mediation Centre dated 23.09.2025 the parties have
amicably settled their dispute and further agreed to withdraw the cases
going on between them in view of interim settlement agreement dated
26.08.2025.
6. As per the office report dated 15.04.2026, a report from the Mediation
Centre of this Court is on record.
7. 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 23.09.2025 between the parties and
A482 No. 37660 of 2024
2
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(h) of the said mediation report.
8. Learned counsel for the applicants states that a case under Section 13-B
of the Hindu Marriage Act is pending before the Principal Judge, Family
Court concerned. Learned counsel assures that the applicants 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, Muzaffar Nagar. He prayed that a
direction for expeditious disposal of the same be given.
9. Learned counsel for the State has no objection to the said proposition.
10. 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.
11. 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).
12. The present application is allowed.
13. The charge sheet no. 66/2024 dated 06.04.2024 and cognizance as
well as summoning order dated 16.05.2024 along with all consequential
proceedings passed in the aforesaid case are hereby quashed.
14. However, the Principal Judge, Family Court, Muzaffar Nagar 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.
May 7, 2026
M. ARIF
(Samit Gopal,J.)
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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