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2026 DAILYLAW 7505 (ALL)

DEEPAK GUPTA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/38148/2026 · 2026-09-16

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38148 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for State. 2. The instant petition has been preferred with prayer to quash the charge sheet dated 03.04.2026 and cognizance/summoning order dated 16.06.2025 along with entire proceeding of Criminal Case no.23077 of 2026 (State vs. Deepak Gupta and Others) arising out of Case Crime no.262 of 2025, under Sections 109(1), 115(2), 352, 351(3) BNS, P.S. Matsena, District- Firozabad, pending in court of learned Judicial Magistrate, Firozabad. 3. Learned counsel for applicants submits that for the same incident, an FIR has also been lodged at the behest of applicant no.2 against the side of opposite party no.2, wherein opposite party no.2 preferred Criminal Misc. Writ Petition No.2518 of 2026 (Anamika Gupta and 4 Others vs. State of U.P. and 2 Others) in which vide order dated 25.02.2026 passed by Division Bench of this Court, 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. Versus Counsel for Applicant(s) : Prashant Yadav, Rajeev Kumar, Rajendra Pal Singh Counsel for Opposite Party(s) : G.A. Deepak Gupta And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 appended at page nos.55 & 56 of the instant application, 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 Case Crime no.262 of 2025, the instant application was moved by the applicants. However, the matter which was arisen from the same dispute was referred to Mediation and Conciliation Centre of this Court by Division Bench 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 instant application) 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 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 charge sheet dated 03.04.2026 and cognizance/summoning order dated 16.06.2025 along with entire proceeding of Criminal NA528 No. 38148 of 2026 2 Case no.23077 of 2026 (State vs. Deepak Gupta and Others) arising out of Case Crime no.262 of 2025, under Sections 109(1), 115(2), 352, 351(3) BNS, P.S. Matsena, District- Firozabad, pending in court of learned Judicial Magistrate, Firozabad, are hereby quashed and set aside. 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 17, 2026 Saif NA528 No. 38148 of 2026 3 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad