HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1496 of 2025 Sonali Bansal and another …..Applicant(s) Versus State of U.P. Thru. Prin. Secy. Home Lko. and 2 others …..Opposite Party(s) Counsel for Applicant(s) : Qazi Sabihur Rahman, Razaur Rahman Counsel for Opposite Party(s) : G.A., Ayodhya Prasad Mishra A.p. Mishra With APPLICATION U/S 528 BNSS No. - 77 of 2024 Suman Dwivedi and another …..Applicant(s) Versus State of U.P. Thru. Prin. Secy. Home Lko. and another …..Opposite Party(s) Counsel for Applicant(s) : Alok Singh, Ayodhya Prasad Mishra A.p. Mishra Counsel for Opposite Party(s) : G.A., Qazi Sabihur Rahman, Razaur Rahman 2 NA528 No. - 1496 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Second Supplementary affidavit alongwith Original Mutual Settlement Agreement between the parties is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the complainant and learned A.G.A. for the State. 3. The present applications are filed with the following prayers :- Application U/S 528 BNSS No.1496 of 2025 (i). Quash the arbitrary, illegal, and mechanical Order dated 15/09/2025 passed by the Hon'ble Court of the Special CJM (Custom), Lucknow in W/S Case No.-113973/2024, FIR No.-338/2024 rejecting the Discharge Application of the Present Applicant(s), (ii). Direct the Hon'ble Court of the Special CJM (Custom), Lucknow to Pass Appropriate Order on the Discharge Application filed by the Present Applicant(s), in light of the Entire Evidence available in-front of the said Hon'ble Court, in W/S Case No.-113973/2024, FIR No.-338/2024, (iii). In the Alternative, Discharge the Present Applicant(s) in W/S Case No.-113973/2024, FIR No.-338/2024 from Section(s) 115(2), 333, 351(2) and 352 BNS 2023 P.S.-Ghazipur District-Lucknow. Application U/S 528 BNSS No.77 of 2024 (i). To set aside the impugned order dated 15.10.2024 passed by learned ADJ III Lucknow in Crl. Revision no. 742/2024 Suman Dwivedi & another vs. State of U.P & Other up to the extent where it relates to the rejection of interim relief application and the impugned order dated 03.09.2024 passed by Special CJM (Custom), Lucknow allowing the application of O.P.no. 2 u/s 174(2) BNSS for obtaining permission for investigation in the NCR no.61/2024 u/s 115, 352, 351(2) BNS, P.S 3 NA528 No. - 1496 of 2025 Ghazipur, District Lucknow 11.08.2024 contained herewith as registered on ANNEXURE NO.1 & 2 to this petition. (ii). To stay the further proceedings in lieu of the order dated 03.09.2024 passed by Special CJM (Custom), Lucknow allowing the application of O.P.no. 2 u/s 174(2) BNSS for obtaining permission for investigation in the NCR no.61/2024 u/s 115,352,351(2) BNS, P.S Ghazipur, District Lucknow registered on 11.08.2024 (iii). Any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed in favour of the Petitioner. 4. Applicants as well as complainant are neighbours and due to some dispute cross complaints were given to the police, as a result, F.I.R. of the case in question was lodged. N.C.R. No.0061 of 2024 under Sections 115, 352, 351(2) BNS was lodged at Police Station Ghazipur, District - Lucknow, thereafter, request was made before the Magistrate for investigation and order was also passed and at the same time, F.I.R. No.388 of 2024 under Sections 115(2), 333, 351(2) and 352 BNS 2023 P.S. - Ghazipur District - Lucknow was also lodged on 9.8.2024. 5. Learned counsel for the parties jointly inform that issue between the parties have already been resolved by way of settlement agreement dated 3.12.2025, which is filed alongwith second supplementary affidavit in Application U/S 528 No.1496 of 2025. 6. Private respondents in Application U/S 528 BNSS No.1496 of 2025 are also present before this Court and they stated that they have no objection, in case, impugned proceeding is quashed and requested that F.I.R. lodged against them which is under challenged in Application U/S 528 BNSS No.77 of 2024 may also be quashed. 7. Contents of the settlement agreement in between the parties reads as under :- 4 NA528 No. - 1496 of 2025 5 NA528 No. - 1496 of 2025 6 NA528 No. - 1496 of 2025 7 NA528 No. - 1496 of 2025 8 NA528 No. - 1496 of 2025 8. Considering the submissions of learned counsel for the parties, going through the contents of the application, settlement agreement between the parties as well as other relevant material, it is evident that now 9 NA528 No. - 1496 of 2025 dispute between the parties have been amicably settled by way of compromise, therefore, trial of the both the cases are futile. In such circumstances, Application U/S 528 BNSS Nos.1496 of 2025 & 77 of 2024 are allowed and order dated 3.9.2024 passed by Special C.J.M. (Custom), Lucknow in NCR no.61/2024 u/s 115, 352, 351(2) BNS, P.S Ghazipur, District Lucknow, order dated 15.10.2024 passed by learned Additional District Judge III, Lucknow in Criminal Revision No.742 of 2024 as well as proceedings of FIR No.-338/2024 from Section(s) 115(2), 333, 351(2) & 352 BNS, 2023 P.S.-Ghazipur District-Lucknow are hereby quashed. (Rajeev Singh,J.) December 08, 2025 <Gaurav> Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench