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2025 DAILYLAW 200222 (ALL)

PREM PRAKASH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4614/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4614 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Satyanand Tripathi, learned counsel for the applicants, Sri Parbind Kumar Tiwari, learned counsel for the opposite party no. 2, learned A.G.A for the State and perused the records. 2. The present 482 Cr.P.C. application has been filed to quash the cognizance/summoning order dated 02.01.2025 passed by learned Chief Judicial Magistrate, Sonbhadra and also the impugned charge sheet dated 24.09.2023 as well as entire proceedings of Case No. 56 of 2025 (State Vs. Prem Prakash Mishra and others) arising out of Case Crime No. 0349 of 2023, under Sections 504, 506 I.P.C., P.S.-Robertsganj, District-Sonbhadra. 3. From the perusal of the record, it transpires that order dated 02.01.2025 passed by the Court of learned Chief Judicial Magistrate, Sonbhadra and also the impugned charge sheet dated 24.09.2023 in Case No. 56 of 2025 (State Vs. Prem Prakash Mishra and others), relates to matrimonial dispute between the husband and wife and their families. In this context, Annexure- D at page-74 of the application is the settlement agreement between the parties and while settling the disputes arose between both the sides Case No. 349 of 2023 under Sections 504, 506 I.P.C., P.S. Robertsganj, District Sonbhadra also found mention at page-75 of the application. It has been agreed between the parties that if the Court decides the application under Section 528 BNSS, in terms of this settlement , then they would be having no objection against each other. Finally, the parties have also amicably settled the differences in this regard between them would be having no Versus Counsel for Applicant(s) : Satyanand Tripathi Counsel for Opposite Party(s) : G.A., Parbind Kumar Tiwari Prem Prakash And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) further claims against each other. 4. At this stage, the learned counsel for opposite party no. 2 also submits that he has rightly agreed, if the present Criminal Misc. Application is been disposed of in the light of the terms of the settlement made between the parties before the Mediation and Conciliation Centre, Allahabad High Court (Lucknow Bench). 5. In the light of above facts and circumstances and keeping in view the nature of dispute between the parties and terms of settlement made between them before the Mediation and Conciliation Centre, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance order as prayed for by the applicant(s). 7. The present application is allowed. 8. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. October 14, 2025 PS NA528 No. 4614 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad