Allahabad High Court

VIJAY SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: SAMIT GOPAL

Holding

The High Court quashed the summoning order and the criminal proceedings on the basis of the parties' settlement.

Summary

The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a summoning order dated 8 February 2023 and the related criminal proceedings (Sections 498A, 323, 504, 506 IPC and the Dowry Prohibition Act) pending before the Additional Civil Judge, Mainpuri. The matter was referred to the High Court’s Mediation Centre, where the parties amicably settled their dispute on 18 July 2025 and agreed to withdraw all pending cases. The State did not contest the existence of the settlement. Relying on Supreme Court precedents that allow quashing of criminal cases where the parties have settled, the Court held that the settlement justified the exercise of its inherent powers under Section 482. Consequently, the application was allowed and the summoning order and all proceedings were quashed.

Issues considered

Whether a criminal proceeding can be quashed under Section 482 Cr.P.C. on the ground of an amicable settlement between the parties.
Whether the settlement achieved through the Court’s Mediation Centre is sufficient to extinguish the pending offences under Sections 498A, 323, 504, 506 IPC and the Dowry Prohibition Act.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 498, 504, 506

Subjects

settlement
quash
Section 482
mediation
criminal procedure
IPC offences
Dowry Prohibition Act
High Court
compromise

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 42830 of 2024

Vijay Singh And 2 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Sunil Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 75
HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Sunil Kumar, learned counsel for the applicants, Sri V.D.
Ojha, learned counsel for the State and perused the records.

3. Notice was issued to the opposite party no. 2 vide order dated
19.12.2024. Office vide its report dated 27.4.2026 reported that notice has
been served personally on the opposite party no. 2. Service of notice is
thus sufficient. Despite service no one appears on behalf of opposite party
no. 2 even in the revised list.

4. The present application under Section 482 Cr.P.C. has been filed by the
applicants Vijay Singh, Yaduveer Singh, Sarla Devi, with the prayer to
quash the summoning order dated 8.2.2023 under Sections 498A, 323,
504, 506 I.P.C. and 3/4 Dowry Prohibition Act, passed by Additional
Civil Judge (Junior Division), Court No. 7 J.M., Mainpuri as well as
entire proceedings of criminal complaint case no. 137 of 2022, Rama
Devi vs. Vijay Singh and others, P.S.- Kishni, District Mainpuri pending
before the Additional Civil Judge (Junior Division), Court No. 7 J.M.,
Mainpuri.

5. The matter was referred to the Mediation Centre of this Court vide
order dated 19.12.2024 for making an effort between the parties for
settling their disputes amicably.

6. As per report of Mediation Centre dated 18.7.2025 the parties have
A482 No. 42830 of 2024
2

amicably settled their dispute and further agreed to withdraw the cases
going on between them.

7. As per the office report dated 14.7.2025 a report from the Mediation
Centre of this Court is on record which states that mediation between the
parties is successful.

8. Learned counsel for the applicants argued that parties have settled the
dispute amicably before the Mediation and Conciliation Centre of this
Court and the parties have decided to reunite and are living together as
husband and wife and therefore the impugned proceedings/summoning
order be quashed on the ground of settlement arrived at between the
parties.

9. Learned State counsel could not dispute the factum of compromise
between the parties which is on record.

10. From perusal of the report of Mediation Centre of this Court, it
appears that in pursuance of the said order the mediation proceedings
were taken up which ended in a settlement dated 18.7.2025 between the
parties subject to the terms and conditions mentioned therein and the
Mediation succeeded. The parties have settled their grievances and even
the dispute arising in the present matter. The parties have agreed to
withdraw the cases going on between them, the said fact is mentioned in
para 7(i) of the said mediation report.

11. 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.

12. From perusal of the records and the law laid down by the Apex Court
A482 No. 42830 of 2024
3

on the subject matter, the present case is a good case for exercising
powers by this Court to quash the proceedings/summoning order as
prayed for by the applicants.

13. The present application is allowed.

14. The impugned summoning order and proceedings of the aforesaid
case are hereby quashed.

(Samit Gopal,J.)
May 5, 2026
Naresh

Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad

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