HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33959 of 2025 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. On the request of learned counsel for applicant, this matter is being taken up out of turn considering the urgency. Heard learned counsel for parties. 2. The instant petition has been preferred with prayer to quash the entire proceedings including the summoning order dated 20.11.2023 passed by learned Civil Judge (J.D.)/ Judicial Magistrate, Jalesar, Etah in proceeding of Complaint Case No.3019 of 2023 (Mithilesh Devi Vs. Shiv Kumar Gaur), under Section 138 N.I. Act, P.S. Avagarh, District Etah as well as N.B.W. order dated 24.02.2025 pending in the court of learned Civil Judge (J.D.)/ Judicial Magistrate, Jalesar, Etah. 3. Learned counsel for applicant submits that on the request of applicant, the matter was referred to Mediation and Conciliation Centre of this Court and by the efforts of mediators, 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 present settlement. The parties are not having any further 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 Mediation Centre which has been placed on record, it is submitted that proceedings of the instant case pending before learned concerned court, shall also be quashed. Versus Counsel for Applicant(s) : Ajay Kumar Srivastava Counsel for Opposite Party(s) : Chandra Bhan Yadav, G.A. Shiv Kumar Gaur .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Learned counsel for opposite parties did not dispute the fact that mediation has been successful. 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.3019 of 2023, the instant application was moved by the applicant. 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 applicant to quash the proceedings pending before learned court concerned. 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/ SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, the entire proceedings including the summoning order dated 20.11.2023 passed by learned Civil Judge (J.D.)/ Judicial Magistrate, Jalesar, Etah in proceeding of Complaint Case No.3019 of 2023 (Mithilesh Devi Vs. Shiv Kumar Gaur), under Section 138 N.I. Act, P.S. Avagarh, District Etah as well as N.B.W. order dated 24.02.2025 pending in the court of learned Civil Judge (J.D.)/ Judicial Magistrate, Jalesar, Etah, are hereby quashed and set aside, only in respect of applicant herein. 9. The settlement report of the Medication 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 29, 2026 Ashish/- NA528 No. 33959 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad