Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 13429 (ALL)

JITENDRA JADAUN ALIAS SUMIT AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/47884/2025 · 2026-10-04

Chawan Prakash

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 47884 of 2025 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Sunil Dixit, learned Senior Advocate, assisted by Ms. Shikha Mishra, learned Counsel holding brief of Mr. Utkarsh Dixit, learned Counsel for the applicants, Mr. Ashish Kumar Maurya, learned Counsel for the opposite party no. 2 and learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and further be pleased to quash the impugned charge sheet filed u/s 498A, 323, 504, 506, 376, 377 IPC & 3/4 Dowry Prohbhition Act, Police Station Lodha, District Aligarh arising from Crime No. 69/2015 filed against the Applicants dated 23.02.2016 (Annexure No. 2 to this Affidavit), impugned cognizance order dated 03.10.2016 (Annexure No. 3 to this Affidavit) passed by the Court of Ld. Additional Chief Judicial Magistrate, Court No. 5 Aligarh against the applicants u/s 498A, 323, 504, 506, 376, 377 IPC & 3/4 Dowry Prohibition Act, Police Station Lodha, District Aligarh arising from Crime No. 69/2015 and the entire proceedings of Criminal Case Sessions Trial No. 713/2020 State vs. Jitendra Jadaun @ Sumit & Others u/s 498A, 323, 504, 506, 376, 377 IPC & 3/4 Dowry Prohibition Act, Police Station Lodha, District Aligarh arising from Crime No. 69/2015, pending in the Court of Ld. Additional District & Sessions Judge/Fast Track Court, Court No. 1 Aligarh, may kindly be quashed." 3. This Court, vide order dated 23.04.2026, referred the matter before the Mediation and Conciliation Centre, High Court, Allahabad with the direction that the applicants shall deposit a sum of Rs. 25,000/- at the Mediation Centre. Versus Counsel for Applicant(s) : Utkarsh Dixit Counsel for Opposite Party(s) : Ashish Kumar Maurya, G.A. Jitendra Jadaun Alias Sumit And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned Counsel for the applicants submits that the mediation succeeded. The parties before this Court had made a request that they have entered into a compromise in this matter and have settled all the disputes between them and now they do not want to proceed with this matter. 5. As per report dated 05.08.2026 of Mediation Centre, parties have entered into compromise. 6. Learned Counsel for the opposite party no.2 submits that he has no objection if the impugned proceedings pending against the applicants are quashed. 7. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 8. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants. 9. The entire proceedings of the aforesaid case with regard to the present applicants are hereby quashed. 10. The present application is allowed. October 5, 2026 Vijay NA528 No. 47884 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad