ABHAY MISHRA AND 2 OTHERSversusState of U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 40855 of 2024

Abhay Mishra And 2 Others
                                                             .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Chandra Kumar Rai, Girish Kumar
                                Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 75
                       HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Chandra Kumar Rai, learned counsel for the applicants, Sri
Bade Lal Bind, learned counsel for the State and perused the records.

3. Notice was issued to the opposite party no. 2 vide order dated
20.3.2025. Office vide its report dated 04.05.2026 reported that notice has
been served on the opposite party no. 2 through whatsapp. Despite service
no one appears on behalf of opposite party no. 2 even in the revised list.

4. The present application under Section 482 Cr.P.C. has been filed by the
applicants Abhay Mishra, Mridula Misra, Shailendra Sharma, with the
prayer to quash the entire proceeding of Case N.36208 of 2024, including
impugned charge sheet dated 18.11.2023, State vs. Mridula Mishra, as
well as cognizance and summoning order dated 19.04.2024 pending in the
court of Chief Metropolitan Magistrate, Kanpur Nagar (City), arising out
of Case Crime No. 465 of 2021, u/s 498A, 323, 504, 506 IPC and 3/4 D.P.
Act, P.S.- Barra, District Kanpur Nagar(City) with the further prayer to
stay the further proceedings of said case as well as cognizance and
summoning order during the pendency of this application.

5. The matter was referred to the Mediation Centre of this Court vide
order dated 11.2.2025/20.3.2025 for making an effort between the parties
for settling their disputes amicably.
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6. As per report of Mediation Centre dated 17.7.2025 the parties have
amicably settled their dispute and further agreed to withdraw the cases
going on between them.

7. As per the office report dated 12.03.2026/19.3.2026, a report from the
Mediation Centre of this Court is on record which states that mediation
between the parties is successful.

8. Learned counsel for the applicants argued that parties have settled the
dispute amicably before the Mediation and Conciliation Centre of this
Court and therefore the impugned proceedings, charge sheet, cognizance
and summoning order be quashed on the ground of settlement arrived at
between the parties. It is submitted that the case under Section 13 B of the
Hindu Marriage Act has been decided by the court concerned.

9. Learned State counsel could not dispute the factum of compromise
between the parties which 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 17.7.2025 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. 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.
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                                    12. 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, charge sheet, cognizance
                                    and summoning order as prayed for by the applicants.

                                    12. The present application is allowed.

                                    13. The impugned proceedings, charge sheet, cognizance and summoning
                                    order of the aforesaid case are hereby quashed.


                                                                                          (Samit Gopal,J.)
                                    May 5, 2026
                                    Naresh




Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad