Allahabad High Court

ANKIT KUMAR SAHU AND 10 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 6 May 2026
Bench: SAMIT GOPAL

Holding

The Court held that where the parties have settled their grievances, the criminal proceedings may be quashed under the power conferred by Section 528 of the Code of Criminal Procedure.

Summary

The applicants, a group of ten individuals, filed an application under Section 528 of the Code of Criminal Procedure seeking to quash a charge sheet dated 02‑03‑2022 and the related criminal proceedings (Case Crime No. 331 of 2021) instituted under IPC sections 498‑A, 323, 504, 506, 342 and sections 3 and 4 of the Dowry Prohibition Act. The matter was referred to the Court’s Mediation Centre, where the parties reached an amicable settlement and agreed to withdraw all pending cases, a fact recorded in the mediation report. The State had no objection to the settlement and the family court case concerning a related marriage dispute had already been decided. The Court examined the settled status of the dispute and relied on Supreme Court precedents that allow quashing of criminal proceedings when the parties have resolved their grievances. Consequently, the Court exercised its power under Section 528 and ordered the charge sheet and the summoning order to be quashed. The application was allowed, and the criminal proceedings were terminated. This decision underscores the principle that a genuine settlement between parties can extinguish the criminal liability in certain cases.

Issues considered

Whether criminal proceedings can be quashed on the basis of a settlement between the parties under Section 528 of the Code of Criminal Procedure.
Whether the settlement reached through mediation is sufficient to justify the dismissal of the charge sheet and related orders.

Legislation cited

Code of Criminal Procedure — s. 528
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 342, 498-A, 504, 506

Subjects

settlement
quash of criminal proceedings
Section 528
mediation
IPC
Dowry Prohibition Act
family court
criminal case withdrawal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 11834 of 2025

Ankit Kumar Sahu And 10 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Santosh Kr. Singh Paliwal
Counsel for Opposite Party(s) : G.A.

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

1. List revised.

2. Heard Sri Awadh Narayan Tiwari, Advocate holding brief of
Sri Santosh Kr. Singh Paliwal, learned counsel for the applicants, Sri
Birender Pratap Singh, learned counsel for the State and perused the
records.

3. Notice issued to the opposite party no.2 vide order dated 10.04.2025
has been served personally as per office report dated 15.04.2026. Despite
service of notice, no one appears on behalf of the opposite party no.2 even
when the matter has been taken up in the revised list.

4. The present application under Section 528 BNSS has been filed by the
applicants Ankit Kumar Sahu, Dinesh Kumar Sahu, Smt. Kanchan
Sahu, Ravi Shankar Sahu, Smt. Suman Sahu, Smt. Poonam Sahu,
Smt. Neeti Sahu, Vipin Sahu, Raghvendra Bahadur Sahu, Abhishek
Gupta and Smt. Komal Sahu, with the prayer to quash the charge sheet
dated 02.03.2022 and entire criminal proceeding as Case Crime No. 331
of 2021 as well as summoning order dated 13.04.2023 passed by
Additional Chief Judicial Magistrate, Court No.17, under Sections 498-A,
323, 504, 506, 342 IPC and 3/4 D.P. Act, Police Station Cantt., District
Prayagraj (State Vs. Ankit Sahu and others) and with the further prayer to
stay the further proceedings of aforesaid case, during the pendency of
present application.

5. The matter was referred to the Mediation Centre of this Court vide
order dated 10.04.2025 for making an effort between the parties for
settling their disputes amicably.

6. As per report of Mediation Centre dated 21.09.2025 the parties have
amicably settled their dispute and further agreed to withdraw the cases
going on between them in view of interim settlement agreement dated
NA528 No. 11834 of 2025
2

14.09.2025.

7. As per the office report dated 28.11.2025, a report from the Mediation
Centre of this Court is on record.

8. 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 26.08.2022 between the parties 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(f) of the said mediation report.

9. It is submitted that the case before the Principal Judge, Family Court,
Prayagraj being Marriage Case No. 1987 of 2025 (Smt. Satyam Gupta Vs.
Ankit Kumar Sahu) has been decided vide judgment and order dated
25.03.2026, certified copy of the order has been produced before the
Court by learned counsel for the applicants, the same is taken on record.

10. Learned counsel for the State has no objection to the said proposition.

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
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
applicant(s).

13. The present application is allowed.

14. The entire proceedings, charge sheet dated 02.03.2022 and as well as
summoning order dated 13.04.2023 passed in the aforesaid case are
hereby quashed.

(Samit Gopal,J.)
May 7, 2026
M. ARIF

Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad

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