1 Neutral Citation No. - 2025:AHC:145735 Court No. 74 HIGH COURT OF JUDICATURE AT ALLAHABAD Application U/S 528 of B.N.S.S. No. - 36724 of 2024 Vipin Kumar Dhawan ..Applicants v/s State of U.P. And Another ....Opposite Parties ORDER HON’BLE SANJAY KUMAR PACHORI, J. 1. The present application under Section 528 of B.N.S.S. has been filed for quashing the entire proceedings of Complaint Case No. 1616 of 2024 (Vijay Kumar Mahendra vs. Vipin Kumar Dhawan and others) as well as cognizance/summoning order dated 5.8.2024, under Sections 323, 506, 120B, 392, 427 of I.P.C., P.S. Civil Lines, District Prayagraj, pending in the court of A.C.J.M., Court No. 15, Prayagraj. 2. Learned counsel for the the applicant and opposite party no. 2 in person submitted that son of private opposite party no. 2 and daugher of applicant no. 1 have settled all the matrimonial dispute by way of settlement agreement which were taken place before Mediation and Conciliation Centre of this Court dated 4.1.2025. It is further submitted 2 that a divorce petition under Section 13-B of Hindu Marriage Act is pending between the parties for second motion. 3. Opposite party no. 2 in person also submits that as the applicant and opposite party no. 2 has already arrived at amicable settlement on 4.1.2025, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicant. 4. Heard Sri Saiful Islam Siddiqui, learned counsel for the applicant, Sri Vijay Kumar Mahendra, opposite party no. 2 in person and Smt. Ladli Pandey, learned A.G.A. for the State and perused the material on record. 5. Present matter is related to offence under the aforementioned sections, both the parties entered into an amicable settlement, and fact of settlement/compromise has been confirmed and admitted by learned counsel for the parties and has jointly submitted that in the interest of justice the proceedings may be quashed in the light of the compromise. 9. Keeping in mind the position of law laid down in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692), and Parbathbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur & Others v. State of Gujarat & another, (2017) 9 SCC 641, the present application under Section 528 of B.N.S.S. stands allowed. 10. The entire proceedings relating to proceedings of Case No. 1616 of 2024 (Vijay Kumar Mahendra vs. Vipin Kumar Dhawan and others) as well as cognizance/summoning order dated 5.8.2024, under Sections 323, 506, 120B, 392, 427 of I.P.C., P.S. Civil Lines, District Prayagraj, pending in the court of A.C.J.M., Court No. 15, Prayagraj, are hereby quashed. 11. This order is being passed by this Court after hearing the contesting parties and perusing the affidavit filed by the applicants. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he 3 may file recall application explaining the reasons for filing the said application. 12. The parties may file the certified copy of this order before the court concerned within four weeks from today. (Sanjay Kumar Pachori, J.) Order Date :- 22.08.2025/A.P. Pandey 4 Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad