Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 2679 (ALL)

PRASHANT SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4480/2025 · 2026-05-06

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4480 of 2025 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ashish Srivastava, learned counsel for the applicants and Sri Devendra Nath Mishra, learned counsel for the State and perused the records. 3. Sri Dharmendra Pratap Singh Chauhan, learned counsel for the opposite party no.2 is not present even in the revised call. 4. The present application under Section 528 BNSS has been filed by the applicants Prashant Singh, Nirmala Singh and Shiv Mangal Singh , with the prayers to quash the impugned charge sheet dated 21.10.2024 and cognizance/summoning order dated 06.12.2024 in Case No. 1177 of 2024 (State Vs. Nirmala Singh and others) in Case Crime No. 616/2024, under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, Police Station Chakeri, East (Commissionerate Kanpur Nagar), District Kanpur Nagar and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application. 5. The matter was referred to the Mediation Centre of this Court vide order dated 03.04.2025 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 20.09.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 30.08.2025. 7. As per the office report dated 24.11.2025, a report from the Mediation Centre of this Court is on record. 8. From perusal of the report of Mediation Centre of this Court, it appears Versus Counsel for Applicant(s) : Ashish Srivastava, Atul Srivastava Counsel for Opposite Party(s) : Dharmendra Pratap Singh Chauhan, G.A. Prashant Singh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 20.09.2025 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7(f) of the said mediation report. 9. Learned counsel for the applicant submits that under Section 13-B of the Hindu Marriage Act has been decided by the Family Court concerned. 10. Learned counsel for the State has no objection to the said proposition. 11. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 12. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s). 13. The present application is allowed. 14. The impugned charge sheet dated 21.10.2024 and cognizance/summoning order dated 06.12.2024 passed in the aforesaid case are hereby quashed. May 7, 2026 M. ARIF NA528 No. 4480 of 2025 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad