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2025 DIGILAW 189 (ALL)

Krishna Kant v. State of U. P.

2025-02-06

SAMIT GOPAL

body2025
JUDGMENT : Samit Gopal, J. 1. List revised. 2. Heard Sri Satyaveer Singh, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the records. 3. Sri Pankaj Sharma, learned counsel for the opposite party no. 2 is not present. 4. The present application under Section 482 Cr.P.C. No. 16229 of 2024 has been filed by the applicant Krishna Kant with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application of the applicant and be pleased to quash the entire proceeding of Case No. 1546 of 2022 Smt. Kalpana Vs. Krishna Kant and others under Sections 12, 18, 19, 20 and 23 of the Protection of Women From Domestic Violence Act, 2005, Police Station Jait, District Mathura, pending in the Court of learned Additional Civil Judge (Junior Division) FTC/Judicial Magistrate-VII, Mathura otherwise the applicants shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Case No. 1546 of 2022 Smt. Kalpana Vs. Krishna Kant and others under Sections 12, 18, 19, 20 and 23 of the Protection of Women From Domestic Violence Act, 2005, Police Station Jait, District Mathura, pending in the Court of learned Additional Civil Judge (Junior Division) FTC/Judicial Magistrate-VII, Mathura during pendency of the present Criminal Misc. Application before this Hon'ble Court otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 5. The connected application under Section 482 Cr.P.C. No. 21947 of 2024 has been filed by the applicant Krishna Kant with the following prayer with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash entire proceedings of Maintenance Case No. 300 of 2022 Kalpana and others vs. Krishna Kant under Section 125 Cr.P.C., Police Station Jait District Mathura, pending in the court of Principal Judge, Family Court, Mathura otherwise the applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Maintenance Case No. 300 of 2022 "Kalpana and others vs. Krishna Kant" under Section 125 Cr.P.C., Police Station Jait District Mathura, pending in the court of Principal Judge, Family Court, Mathura during pendency of the present Criminal Misc. Application before this Hon'ble Court otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 6. The matter was referred to the Mediation Centre of this Court vide order dated 16.05.2024 for making an effort between the parties for settling their disputes amicably. 7. As per report of Mediation Centre dated 20.09.2024, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. 8. As per the office report dated 20.12.2024, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 9. Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant (husband) and the opposite party no. 2 (wife) have decided to reunite and live together as husband and wife, para-7(a) and therefore the impugned proceedings as well as maintenance case be quashed on the ground of settlement arrived at between the parties. 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 20.09.2024 between the parties and the Mediation succeeded and they have decided to reunite and live together as husband and wife, para-7(a). 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(g) of the said mediation report. 11. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 12. 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. 11. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 12. 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 (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. 13. 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 well as maintenance case as prayed for by the applicants. 14. The present application is allowed. 15. The impugned proceedings as well as maintenance case are hereby quashed.