SHAILENDRA KUMAR JAIN ALIAS SHAILU AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 11657 of 2025

Shailendra Kumar Jain Alias Shailu And 3 Others
                                                           .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Indra Deo Mishra, Sangeeta Yadav,
                                Shri Ram (Rawat), Somesh Soni
Counsel for Opposite Party(s) : Atul Tej Kulshrestha, G.A.

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

1. List revised.

2. Heard Sri Indra Deo Mishra, learned counsel for the applicants, Sri
Atul Tej Kulshrestha, learned counsel for the opposite party no. 2, Sri
V.D.Ojha, learned counsel for the State and perused the records.

3. The present application under Section 482 Cr.P.C. has been filed by the
applicants- Shailendra Kumar Jain@Shailu, Davendra Kumar
Jain@Debu, Smt. Rajwati Jain, Manoj Kumar@Sani, with the prayer to
quash the summoning order dated 16.11.2024 including the entire
criminal proceedings of Case No. 93 of 2025, pending in the court of
Additional Chief Judicial Magistrate, Court No. 3, Agra, Sate vs.
Shailendra Kumar Jain and others, arising out of Case Crime No.41/2024,
under Sections 498A, 323, 504, 506, 354B I.P.C. and 3/4 D.P. Act, P.S.-
Mantola, District Agra with the further prayer to stay the further
proceedings of said case during pendency of this application.

4. The matter was referred to the Mediation Centre of this Court vide
order dated 09.4.2025 for making an effort between the parties for settling
their disputes amicably.

5. As per report of Mediation Centre dated 24.8.2025 the parties have
amicably settled their dispute and further agreed to withdraw the cases
going on between them.
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6. As per the office report dated 5.5.2026 a report from the Mediation
Centre of this Court is on record which states that mediation between the
parties is successful.

7. Learned counsel for the applicants argued that parties have settled the
dispute amicably before the Mediation and Conciliation Centre of this
Court. It is further submitted that the Matrimonial Case No.1882/2025,
Smt. Srishti Gupta vs. Shailendra Kumar Jain @ Shailu, under Section
13B of the Hindu Marriage Act has been allowed by the judgement and
order dated 21.1.2026 passed by the Additional Principal Judge, Family
Court, No. 3, Agra, copy of the said judgement and order has been
produced before the Court which is taken on record. It is submitted that
therefore the impugned summoning order and the proceedings of the said
case be quashed on the ground of settlement arrived at between the
parties.

8. Learned State counsel as well as learned counsel for the opposite party
no. 2 could not dispute the factum of compromise between the parties
which is on record.

9. 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 29.8.2025 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(ङ) of
the said mediation report.

10. 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
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                                    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.

                                    11. 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/summoning order as
                                    prayed for by the applicants.

                                    12. The present application is allowed.

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



                                                                                          (Samit Gopal,J.)
                                    May 6, 2026
                                    Naresh




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