UMESH KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/50330/2025 · 2026-09-27
Saurabh Srivastava
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10772 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10772 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50330 of 2025 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up out of turn from the category of cases which have been mentioned in the morning on account of urgency. Heard learned counsel for parties.
2. The instant petition has been preferred with prayer to quash summoning order dated 15.7.2023 passed by learned Civil Judge (J.D.)/F.T.C. (Crime Against Women), Jalaun at Orai as well as entire proceeding of Complaint Case no. 03 of 2023 under sections 498A, 323 IPC and Section 4 Dowry Prohibition Act, PS- Dakor, District Jalaun.
3. Learned counsel for the parties jointly submits that on the request of parties the matter was referred to Mediation and Conciliation Centre of this Court and by the efforts of mediator the mediation has been successful and it has been stipulated by the parties that they will withdraw all the pending cases filed against each other including the case connected with the instant petition and all the disputes have been settled in terms of the agreement.
4. It is also stipulated that the case filed by either parties against each other shall be deemed to have been decided in the light of the present settlement. The parties are not having any further Versus Counsel for Applicant(s) : Ashwani Kumar, Shamasul Eslam Counsel for Opposite Party(s) : Baikunth Nath Singh, G.A., Prabhakar Singh Umesh Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
claims or demands against each other and all the disputes and differences in this regard have been amicably settled by the parties.
5. Highlighting the report of the Mediation Centre which has been placed on record and is also appended along with order sheet, it is submitted that proceedings of the instant case pending before the court below should be quashed. It is also admitted by
learned counsel for opposite party no.2 that the terms of settlement have been complied by the parties and opposite party no.2 is not having any objection, if on the basis of settlement, case pending before trial court be quashed.
6. Learned counsel for opposite parties showed no objection if dispute between the parties is settled through the course of mediation.
7. Having heard learned counsel for the parties and having perused the record, it is evident that with regard to the above mentioned case pending before learned court concerned in shape of Complaint Case no. 03 of 2023, the instant application was moved by the applicants. However, the matter was referred to Mediation and Conciliation Centre of this Court and the efforts of the mediator has resulted in amicable settlement between the parties. A settlement has been placed before this Court by the Mediation and Conciliation Centre, Allahabad High Court (appended to the order sheet) wherein the terms and conditions of the settlement has been enumerated and it is categorically stated that the parties have settled the dispute and they do not want to prosecute each other and thus the prayer has been made by
learned counsel for the applicants as well as opposite party no.2 to quash the proceedings pending before the court below.
8. Since the mediation has been successful and report has been sent along with original settlement executed between the parties, thus in view of the law laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in (2012)10 SCC 303, Shiji and others Vs. Radhika and others Manu/ NA528 No. 50330 of 2025 2
SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, entire proceedings of above mentioned Complaint Case no. 03 of 2023 under sections 498A, 323 IPC and Section 4 Dowry Prohibition Act, PS- Dakor, District Jalaun, are hereby quashed and set aside only in respect of applicants herein.
9. The settlement report of the Mediation and Conciliation Centre shall be part and parcel of this order.
10. Accordingly, the application filed by the applicant under Section 528 BNSS is finally disposed of. September 28, 2026 Shaswat NA528 No. 50330 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad