HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32592 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicants and learned A.G.A. 2. This application has been filed challenging the charge-sheet dated 17.09.2023 in Case Crime No. 441 of 2023, under Sections 147, 323, 506 I.P.C., Police Station- Murad Nagar, District- Ghaziabad and summoning order dated 03.11.2023 passed by learned Additional Civil Judge (Senior Division), Court No. 4, Ghaziabad as well as entier criminal proceedings of Case No. 10959 of 2023 (State vs. Vikas and others) arising out of Case Crime No. 441 of 2023 under Sections 147, 323, 506 I.P.C., Police Station- Murad Nagar, District- Ghaziabad. 3. The applicant nos. 1 to 4 are sons of informant-opposite party no. 2 and applicant nos. 5 and 6 are her daughters-in-law. The allegations in the F.I.R. are to the effect that all the applicants have time and again, in July, 2023, beaten their mother and mother-in-law i.e. the opposite party no. 2 on account of her intention to transfer the property to one of her sons. 4. It is contended that it is a family dispute and applicants' father, i.e. husband of opposite party no. 2, has moved an application dated 13.10.2023 before the Police Commissioner stating that his wife, i.e. opposite party no. 2, was intending to transfer the property to one of the sons and that his sons and daughters-in-law had never committed physical assault with his wife. Further prayer has been made to refer the matter to the Mediation and Conciliation Centre, stating that it is a family dispute for property and can be settled there. Versus Counsel for Applicant(s) : Daya Shanker Pandey Counsel for Opposite Party(s) : G.A. Vikas And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned A.G.A. has opposed the prayer made, he submits that since cognizable offence stands made out, no error has been committed in taking cognizance of the matter and, as of now, bailable warrants have been issued against the applicants on 17.07.2025. 6. Having considered the submissions advanced and the allegations leveled in the F.I.R. as well as the material collected by the investigating officer, the incident of physical assault cannot be disbelieved. Therefore, no error is found in the order taking cognizance. As far as the application dated 13.10.2023 is concerned, even the same reflects that the owner of the plot, over which residential house is built, is the opposite party no. 2 and, therefore, this Court is not inclined to grant any relief to the applicants insofar as the quashing of proceedings is concerned. Since the bailable warrants have been issued, the applicants may appear before the court concerned and seek protection of their rights. 7. As far as the prayer to refer the matter to the Mediation Centre is concerned, parties can amongst themselves settle the dispute and, once the informant/opposite party no. 2 is victim of physical assault made by her own four sons and two daughters-in-law, calling upon her all over from Ghaziabad and then pursue the proceedings would cause further harassment to her. The title to the property is vested in opposite party no. 2, she is at liberty to settle the property as per her own wishes, therefore, even the prayer to refer the matter to Mediation Centre is refused. 8. In view of the above, the application stands rejected. September 8, 2025 Pkb/ NA528 No. 32592 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad