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2026 DAILYLAW 12948 (ALL)

SULTAN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5484/2026 · 2026-10-06

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5484 of 2026 Court No. - 76 HON'BLE SAURABH SRIVASTAVA, J. 1. On the request of learned counsel for applicants, this matter is being taken up out of turn considering the urgency. Heard learned counsel for applicants and learned AGA for State. 2. The instant petition has been preferred with prayer to quash the entire proceeding of Complaint Case no.209 of 2025 (Lal Mohammad vs. Faiyaz Ahmad and Others) under Sections 323, 504, 506, 379 IPC, P.S. Khetasarai, District- Jaunpur, including the impugned summoning order dated 17.11.2025 passed by learned court of Additional Chief Judicial Magistrate, Court No.12, Jaunpur in the above-mentioned complaint case. 3. Learned counsel for applicants submits that on the request of applicants, the matter was referred to Mediation and Conciliation Centre of this Court vide order dated 24.02.2026 passed by co-ordinate Bench 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 Versus Counsel for Applicant(s) : Arvind Kumar Bharti, Awadhesh Kumar Nirbhay Counsel for Opposite Party(s) : G.A. Sultan And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) record, it is submitted that proceedings of the instant case pending before learned concerned court, shall also be quashed. 6. Learned AGA 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.209 of 2025 (Lal Mohammad vs. Faiyaz Ahmad and Others), 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 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 proceeding of Complaint Case no.209 of 2025 (Lal Mohammad vs. Faiyaz Ahmad and Others) under Sections 323, 504, 506, 379 IPC, P.S. Khetasarai, District- Jaunpur, including the impugned summoning order dated 17.11.2025 passed by learned court of Additional Chief Judicial Magistrate, Court No.12, Jaunpur, are hereby quashed and set aside, only in respect of applicants 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. October 7, 2026 Saif NA528 No. 5484 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad