DINESH CHANDRA SHARMAversusSTATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

                  Neutral Citation No. - 2025:AHC-LKO:18775

Court No. - 12

Case :- APPLICATION U/S 482 No. - 8145 of 2024

Applicant :- Dinesh Chandra Sharma
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
And Another
Counsel for Applicant :- Sachin Srivastava
Counsel for Opposite Party :- G.A.,Rajiv Kumar Bajpai

Hon'ble Alok Mathur,J.

1. Heard Sri Sachin Srivastava, learned counsel for the
applicant as well as learned Additional Government Advocate
for the State of U.P. and Ms. Suparna Mishra, Advocate holding
brief of Sri Rajiv Kumar Bajpai, learned counsel appearing for
opposite party no. 2.

2. By means of present application u/s 482 Cr.P.C., the
applicant has prayed for quashing the order dated 31.08.2024,
passed by the Additional District & Sessions Judge, Court No.
1, Sultanpur in Criminal Revision No. 131 of 2024 - Dinesh
Chandra Sharma Vs. Ramesh Chandra Sharma and Another, as
well as for quashing the summoning order dated 29.02.2024,
passed by the Additional Civil Judge (Senior Division)
Ist/Additional Chief Judicial Magistrate, Sultanpur in
Complaint Case No. 12794 of 2023 - Ramesh Chandra Sharma
Vs. Dinesh Chandra Sharma & Another, Police Station -
Kotwali Nagar, District - Sultanpur.

3. It has been contended by learned counsel for the applicant
that this Court by means of order dated 11.09.2024, directed the
parties to appear before Mediation and Conciliation Center of
this Court on 20.09.2024 for participating in the mediation
proceedings. In compliance of aforesaid order, the parties
appeared before the Mediation and Conciliation Center on the
date fixed and after some deliberations and discussions between
the parties under the guidance of Mediators a settlement-
agreement has been drawn between the parties and a report
dated 07.12.2024 of the Mediation Center to this effect has been
submitted for perusal of this Court. It is prayed that the
aforesaid orders may be quashed in view of the settlement-
agreement dated 07.12.2024.

4. Learned counsel for the applicant in support of his contention
has placed reliance on the judgment of Hon'ble Apex Court in
the case of Manoj Sharma Vs. State, (2008) 16 SCC 1,
                                         Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and
                                         Yogendra Yadav Vs. State of Jharkhand, (2014) 9 SCC 653
                                         and has submitted that the applicant as well as opposite party
                                         no. 2 have settled the dispute and as such opposite party no. 2
                                         does not want to press the present case against the applicant.

                                         5. Learned counsel appearing for opposite party no. 2 and
                                         learned Additional Government Advocate have stated that they
                                         have no objection in case the aforesaid orders are set aside in
                                         the light of the settlement-agreement dated 07.12.2024.

                                         6. Heard learned counsel for the parties and perused the record.

                                         7. From the perusal of the record it is apparent that the parties
                                         have entered into settlement-agreement before the Mediation
                                         and Conciliation Center of this Court and have settled their
                                         dispute amicably. The settlement-agreement dated 07.12.2024,
                                         is made part of the record.

                                         8. In this regard, the view taken by the Apex Court in the case
                                         of Manoj Sharma Vs. State (supra), Narinder Singh Vs.
                                         State of Punjab (supra) and Yogendra Yadav Vs. State of
                                         Jharkhand (supra), which have been relied upon by the
                                         learned counsel for the applicant finds force that this Court in
                                         exercise of its inherent power under Section 482 Cr.P.C. can
                                         quash the proceedings/set aside the impugned orders as the
                                         dispute has been amicably settled between the parties.

                                         9. In the light of the fact that the settlement-agreement has
                                         arrived at between the applicant and the private respondent and
                                         same does not effect the public at large, and would only amount
                                         to settlement of private dispute between the parties, no useful
                                         purpose will be served by allowing the applicant to be
                                         prosecuted in the aforesaid cases, therefore the proceedings of
                                         the aforesaid cases are quashed as well as impugned orders
                                         dated 31.08.2024 and 29.02.2024 are hereby set aside,
                                         accordingly this application under Section 482 Cr.P.C. is
                                         allowed.

                                         Order Date :- 3.4.2025
                                         A. Verma



                                                                                        (Alok Mathur, J.)




Digitally signed by :-
ANURAG VERMA
High Court of Judicature at Allahabad,
Lucknow Bench