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2025 DAILYLAW 151977 (ALL)

ANGAD SONI v. THE STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

/789/2025 · 2025-09-23

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 789 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard Shri Nadeem Murtaza, learned counsel for the applicant, learned AGA for the State, as well as Shri Prateek Yadav, Advocate, who has put in appearance on behalf of opposite party no. 2 by way of filing his Vakalatnama. 2. Instant application under Section 528 of the B.N.S.S., 2023 has been filed with the prayer to quash the proceedings of Criminal Case No.28246/2024 (State Vs. Angad Soni and others), pending in the court of learned Civil Judge, Junior Division, Twarit First/J.M., Ambedkar Nagar under Sections 115(2), 352 and 351(3) B.N.S., to quash the summoning order dated 16.12.2024 passed in the aforesaid criminal case and to quash the charge-sheet no.A90/24 dated 22.09.2024 filed in FIR No.096/2024 under Sections 115(2), 352 and 351(3) B.N.S. lodged at Police Station Mahila Thana, District Ambedakr Nagar. 3. It is argued by learned counsel for the applicant that the matter pertains to matrimonial dispute and the parties have settled their dispute before the Mediation and Conciliation Centre of this Court. He submits that vide order dated 12.12.2024 passed by this Court in Criminal Misc. Writ Petition No.9400/2024 instituted by the applicant; the matter was referred to the Mediation and Conciliation Centre of this Court and the parties appeared their and entered into settlement/agreement on 06.06.2025. He further submits that now there is no dispute in between the parties and, Versus Counsel for Applicant(s) : Nadeem Murtaza, Bhupendra Singh Bisht Counsel for Opposite Party(s) : G.A. Angad Soni .....Applicant(s) The State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) therefore, the criminal proceedings instituted against the applicant may be quashed. 4. Learned counsel for the opposite party no. 2 has supported the version of learned counsel for the applicant and submitted that the parties have settled their dispute and executed a settlement agreement dated 06.06.2025. 5. Learned A.G.A. has no objection to the contentions aforesaid. 6. Considering the submissions advanced by learned counsel for the parties and perusing the record, including the Mediators' report dated 06.06.2025 appended with the settlement/agreement, it transpires that the parties have settled their dispute and there is a report of the Mediators that the mediation between the parties got succeeded. Now, since the parties have settled their dispute, allowing criminal prosecution would amount to harassment and no fruitful purpose would be sub-served. 7. Consequently, proceedings of Criminal Case No.28246/2024 (State Vs. Angad Soni and others), pending in the court of learned Civil Judge, Junior Division, Twarit First/J.M., Ambedkar Nagar under Sections 115(2), 352 and 351(3) B.N.S., including the summoning order dated 16.12.2024 passed in the aforesaid criminal case and the charge-sheet no.A90/24 dated 22.09.2024 filed in FIR No.096/2024 under Sections 115(2), 352 and 351(3) B.N.S. lodged at Police Station Mahila Thana, District Ambedakr Nagar, are hereby quashed. 8. The settlement/agreement dated 06.06,2025 shall be made part of this order. 9. The application stands allowed. September 23, 2025 MVS/- NA528 No. 789 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench