Allahabad High Court
MOHD SARWAR HUSSAIN @ SHERU AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The Court held that where the parties have settled their grievances, the criminal proceedings may be quashed under its inherent powers under Section 482 of the Criminal Procedure Code.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the cognizance and summoning order dated 07‑09‑2021 in a criminal case (Sections 498‑A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act) pending before the Judicial Magistrate in Azamgarh. The matter was referred to the High Court’s Mediation Centre, where the parties reached an amicable settlement on 05‑08‑2025 and agreed to withdraw the pending criminal proceedings. The State had no objection to the settlement. Relying on a line of Supreme Court precedents that allow quashing of criminal proceedings where the parties have settled their grievances, the Court exercised its inherent powers under Section 482 Cr.P.C. The application was allowed and the earlier cognizance order was quashed.
Issues considered
- Whether a criminal proceeding can be quashed under Section 482 Cr.P.C. when the parties have settled the dispute and agreed to withdraw the case.
- Whether the High Court has jurisdiction to set aside the cognizance/summoning order after a settlement mediated by the Court’s Mediation Centre.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- settlement
- quash
- Section 482
- criminal procedure
- mediation
- dowry
- IPC
- withdrawal of case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 43480 of 2024
Mohd Sarwar Hussain @ Sheru And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Shukla
Counsel for Opposite Party(s) : Adnan Aamir, G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Sanjeev Kumar Shukla, learned counsel for the applicants,
Sri Adnan Aamir, 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 482 Cr.P.C. has been filed by the
applicants Mohd. Sarwar Hussain @ Sheru, Smt. Sajida Khatun,
Shadab @ Ahamad Hussain and Fiza, with the prayers to quash
cognizance/summoning order dated 07.09.2021 further proceeding of
Case No. 1878 of 2021 (State Vs. Mohd. Sarwar Hussain @ Sheru and
others) in Case Crime No. 236 of 2020, under Sections 498-A, 323, 504,
506 IPC and 3/4 D.P. Act, Police Station Maharajganj, District
Azamgarh, pending in the court of Judicial Magistrate/FTC (Women),
Azamgarh 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 07.07.2025 for making an effort between the parties for
settling their disputes amicably.
5. As per report of Mediation Centre dated 05.08.2025 the parties have
amicably settled their dispute and further agreed to withdraw the cases
going on between them in view of said settlement agreemen.
6. As per the office report dated 12.03.2026, 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 05.08.2025 between the parties and
the Mediation succeeded. The parties have settled their grievances and
A482 No. 43480 of 2024
2
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(e) of the said mediation report.
8. Learned counsel for the State has no objection to the said proposition.
9. 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.
10. 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).
11. The present application is allowed.
12. The further proceedings and cognizance/summoning order dated
07.09.2021 of the aforesaid case are hereby quashed.
(Samit Gopal,J.)
May 7, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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