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Judgment
Pankaj Purohit, J
By means of present C482 application, applicants have put to challenge the charge-sheet dated 23.11.2021; summoning order dated 23.02.2022 as well as the entire proceedings of the Criminal Case No.1568 of 2022 (Crime No.345 of 2021), under Sections 323, 504 & 506 IPC, pending in the court of Judicial Magistrate-1st, Rudrapur, District Udham Singh Nagar.
Since the parties involved in the present litigation are real brothers and family members and they are in-rift with one another for a small piece of land, over which, there are certain growing fruit bearing trees standing. Therefore, the matter was referred to the mediation of the request made by learned counsel for the parties on their submission that the amicable settlement between the parties was possible.
Vide order dated 06.10.2023 passed in C482 No.1429 of 2023, Co-ordinate Bench of this Court has referred the matter for mediation to Registrar (Protocol)/Mediator to submit its report. The matter was placed before the Mediator/Advocate Ms. Anjali Bhargava on 06.10.2023 and on attempt to settle the dispute between the parties at mediation, was made. It was opined by learned Mediator that there were strong possibility for amicable settlement between the parties and the matter was adjourned to 18.10.2023 and finally on 18.10.2023, the matter was settled between before the parties the Advocate/Mediator and the report was sent before Co-ordinate Bench of this Court, which is annexed in C482 No.1429 of 2023.
In view of the aforesaid mediation report of settlement, the C482 No.1429 of 2023 has been disposed of by a Co-ordinate Bench of this Court vide order dated 06.06.2024.
Learned counsel for the parties submits that pursuant to the aforesaid mediation report, the Surendra Dev Arya has paid a sum of Rs.50 lakhs to Sashi Dev Arya, husband of respondent no.2-Sunita, which fact is admitted to the learned counsel for respondent no.2.
Learned counsel for the applicant further submits that the dispute in the present C482 is also the same between the same family members, it shall also abide by the same settlement. This fact is also admitted to learned counsel for the respondent no.2.
Since the dispute has been amicably settled between the parties, therefore, there is no use of keeping this C482 application pending before this Court unnecessary.
Accordingly, the C482 application is allowed pursuant to the settlement entered into between the parties before the Mediator. Consequently, the charge-sheet dated 23.11.2021; summoning order dated 23.02.2022 as well as the entire proceedings of the Criminal Case No.1568 of 2022 (Crime No.345 of 2021), under Sections 323, 504 & 506 IPC, pending in the court of Judicial Magistrate-1st, Rudrapur, District Udham Singh Nagar are hereby quashed.
Pending application, if any, stands disposed off accordingly.