HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39141 of 2025 Court No. - 79 (SL No.9) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Vishwanath Mishra, learned counsel for the applicants and Ms. Ibha Sinha, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 29.04.2016 as well as impugned cognizance/summoning order dated 03.07.2024 including the Non-Bailable Warrants dated 03.07.2024 passed in Case No. 21043 of 2020 (State vs. Bhanmati and Others, arising out of Case Crime No. 65 of 2015 under Sections 498A, 323, 504 I.P.C., P.S.- Gorakhpur, , pending in the court of learned Judicial Magistrate-IInd, Gorakhpur. 3. Learned counsel of the applicants, at the outset, submits that since it was a matrimonial dispute, there is a possibility of settlement. Therefore, the matter be referred to the mediation center. 4. Per contra, learned A.G.A. for the State submits that in the instant case, the F.I.R. was lodged on 20.02.2015. Subsequently, the matter was investigated and the charge-sheet was prepared on 29.04.2016 and the same was filed before the trial court on 15.07.2020. Thereafter, the cognizance was taken by learned Judicial Magistrate, Gorakhpur. Since then, the matter is pending, and despite the processes issued, the applicant did not participate in the proceedings. Then on 15.07.2023, the bailable Versus Counsel for Applicant(s) : Dhiranjan Singh Patel, Vishwanath Mishra Counsel for Opposite Party(s) : G.A. Mahesh Yadav And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) warrants were issued against the applicants herein. Thereafter, despite the bailable warrants, they did not appear. On 03.07.2024, the trial court issued non-bailable warrants against the applicants. Even thereafter, they failed to appear before the trial court. After deliberately not appearing before the trial court for more than five years, they have approached this Court for quashing of the proceedings and now seeking the reference of the case to the Mediation Center just to get an interim order. 5. Having regard to the aforesaid facts and circumstances of the case, since the applicants are deliberately avoiding the process for about five years and the F.I.R. was lodged in the year 2015, in view thereof, this Court does not find any good reason to entertain the instant application at this stage. However, the parties are at liberty to appear before the trial court and then apply for mediation before the trial court. 6. Accordingly, the application under Section 528 BNSS is devoid of merits and liable to be dismissed and is accordingly dismissed. October 8, 2025 Shubham Arya NA528 No. 39141 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad