Allahabad High Court
SABHAJEET SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court ordered a stay of coercive steps pending mediation and disposed of the application.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Complaint Case No. 1610 of 2024) pending before the Additional Chief Judicial Magistrate, Jaunpur, alleging that the dispute is a family matter that could be settled amicably. They urged that the matter be referred to mediation. The High Court directed the applicants to move a mediation application before the lower court and ordered that no coercive steps be taken against them for up to five months or until the mediation concludes, whichever is earlier. If mediation fails, the lower court may proceed with the criminal case; if it succeeds, the applicants may approach the High Court again. The application was consequently disposed of.
Issues considered
- Whether an application under Section 528 CrPC to quash criminal proceedings can be entertained when the parties seek mediation.
- Whether a stay of coercive steps pending mediation is appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 452, 504, 506
Subjects
- mediation
- criminal procedure
- Section 528 CrPC
- quash criminal complaint
- family dispute
- stay of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14678 of 2026
Sabhajeet Singh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Singh, Vikash Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.
2. This application has been filed with a prayer to quash the entire
proceedings of Complaint Case No. 1610 of 2024 (Virendra Bahadur
Singh Vs. Sabhajeet Singh and others) under Sections 323, 504, 506, 452
I.P.C., Police Station Mariahu, District Jaunpur pending before learned
Additional Chief Judicial Magistrate, First, Court No.12, District Jaunpur
as well as to quash the summoning order dated 07.02.2026 passed in the
aforesaid case.
3. The contentions raised by the applicants' counsel is that there is a
dispute between real bother. There are chances of amicable settlement
between the parties. Applicants' counsel urged that this case may be
referred for mediation so that the parties may have a chance to settle their
dispute on their own terms through mediation.
4. In such circumstances, it is directed that the applicant shall appear
before the court below and moves an application for settling the dispute
through mediation. In case such an application is filed before the court
below for settling the dispute through mediation, the court concerned
shall pass an appropriate order within a week from the date of filing such
an application. The mediation centre will decide the same within a period
of four months.
5. For a period of five months or till conclusion of mediation proceedings,
whichever is earlier, no coercive steps shall be taken against the
applicants in the above mentioned case.
6. It is further directed that in case mediation process between the parties
fails, the court below shall be free to proceed further with the matter
against the applicants and in case mediation succeeds, the applicants shall
NA528 No. 14678 of 2026
2
be free to approach this Court.
7. With the above observation, this application is disposed of.
(Dr. Gautam Chowdhary,J.)
April 20, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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