Heard learned counsel for the petitioners, learned Additional Government Advocate for the State and Sri Prabhakar Srivastava, learned counsel for the opposite party No. 2.
By means of this petition, the petitioners have prayed for quashing of the entire proceedings of Criminal Case No.14998/2020, (State vs. Dhirendra Srivastava & Ors.) pending in the Court of Civil Judge (J.D.)/F.T.C. (Crime Against Women), Hardol as well as the for quashing of the summoning order dated 23.10.2020, passed by Civil Judge (J.D.)/F.T.C. (Crime Against Women), Hardoi in Criminal Case No. 14998/2020, (State vs. Dhirendra Srivastava & Ors.), whereby the summons have been issued against the petitioners under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act and also for quashing of the charge-sheet No.109 of 2020 dated 16.11.2019 arising out FIR/Case Crime No.152/2019, against the petitioner No.3 under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act as well as charge-sheet No.109-A of 2020 dated 19.06.2020 arising out FIR/Case Crime No.152/2019 wherein the charge-sheet has been filed against the petitioners No.1 and 2 under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act and the charge-sheet dated 19.06.2020 against the petitioner No.3 under Sections 498-A, 323, 354, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act.
This Court vide order dated 16.3.2021 directed the parties to appear before the Mediation & Conciliation Centre of this Court on 5.4.2021 for settlement of their dispute through mediation.
In compliance of the aforesaid order, the parties lastly appeared before the Mediation & Conciliation Centre of this Court on 7.7.2021 and the Mediators have submitted its report dated 14.9.2021 vide Mediation Case No. 72 / 2021, which is on record. The report of the Mediators dated 14.9.2021 indicates that the mediation was successfully completed.
Learned counsel for the opposite party Nos.2 has also submitted that the dispute between the parties has been amicably settled through mediation.
Considering the aforesaid facts and circumstances of the issue in question, particularly, the fact that the present petitioners and the private opposite party have settled the dispute through mediation and the report to this effect has been made part of the record, therefore, compelling the prosecution to prosecute the present petitioners would be a futile exercise and in view of the dictum of Hon'ble Supreme Court rendered in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471; Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of the aforesaid criminal case are hereby quashed. The mediation report submitted by the Mediators would be the part of this order.
The petition is, therefore, allowed.
No order as to costs.
Order Date :- 20.12.2021 Om