Neutral Citation No. - 2025:AHC:145323 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 31172 of 2025 Applicant :- Sakshi Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jyoti Kumar Singh,Rishi Kant Rai Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Akhilesh Kumar Mishra, Advocate filed his Vakalatnama on behalf of opposite party No. 2 along with short counter affidavit, which is taken on record. 2. Heard Sri Rishi Kant Rai, learned counsel for the applicants, Sri Akhilesh Kumar Mishra, learned counsel for the opposite party no. 2, Sri Chhavi Pal Singh, learned A.G.A. for the State and perused the material on record. 3. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed for quashing the entire proceeding of Complaint Case No. 115 of 2024 as well as cognizance/summoning order dated 1.1.2025, whereby learned Magistrate took cognizance under Sections 115, 352, 351 of B.N.S. (Sections 323, 504, 506 of Indian Penal Code), registered at Police Station- Bewar, District- Mainpuri, pending in the court of Special Chief Judicial Magistrate, Mainpuri. 4. Learned counsel for both the parties jointly submit that Private- Opposite Party No. 2 is father-in-law of applicant No. 1 and as per complaint case, all the allegations are related to purely matrimonial dispute. It is further submitted that the applicant No. 1 and son of Private-Opposite Party No. 2 settled their matrimonial dispute by way of mediation, which has been taken place in pursuance of order of a Division Bench of this Court in Criminal Misc. Writ Petition No. 19789 of 2024 vide report of Mediation Centre dated 11.4.2025. The aforesaid settlement is taken place in another case registered as case crime No. 1130 of 2024, under Sections 498-A, 323, 504, 506, I.P.C. 2 and Section 3/4 of Dowry Prohibition Act and one petition under Section 13- B of Hindu Marriage Act is pending for second motion. 5. Keeping in mind the position of law laid down by the Supreme Court 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 and facts, circumstances of the case, the present application under Section 528 of B.N.S.S., 2023 stands allowed. 6. The entire proceedings relating to Complaint Case No. 115 of 2024, under Sections 115, 352, 351 of B.N.S. (Sections 323, 504, 506 of I.P.C.), registered at Police Station- Bewar, District- Mainpuri, pending in the court of Special Chief Judicial Magistrate, Mainpuri, is, hereby, quashed. 7. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 8. The parties may file the certified copy of this order before the court concerned within four weeks from today. 9. Interim order, if any, stands vacated. Order Date :- 22.8.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad