NEELAM GIRI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/18206/2026 · 2026-09-22
Chawan Prakash
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9145 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9145 (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. - 18206 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Heard Ms. Shweta Nishad, learned Counsel for the applicants 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 under section 528 of BNSS and quash the Charge sheet dated 01.07.2025 and cognizance/summoning order dated 17.11.2025 as well as entire criminal proceeding of Session Case No. 18713/2025 (State Versus Neelam Giri and Others), arising out of Case Crime no.127/2025 Under Section 115 (2) of B.N.S and 3/4 of D.P Act, Police Station Mahuadia, District Deoria pending before the Civil Judge (J.D)/ F.T.C. II District Deoria."
3. This Court, vide order dated 04.05.2026, 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. 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 15.09.2026 of Mediation Centre, parties have Versus Counsel for Applicant(s) : Renu Shahi, Shweta Nishad Counsel for Opposite Party(s) : G.A. Neelam Giri And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 is 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. September 23, 2026 Vijay NA528 No. 18206 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad