Allahabad High Court
ASIF IKBAL ALIAS TAJJU AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court quashed the criminal proceedings against the applicants on account of the parties’ settlement reached through mediation.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet dated 13‑11‑2019 and the cognizance order dated 01‑03‑2021 in Criminal Case No. 1585 of 2021 (Crime No. 487 of 2019) which involved offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. Both parties agreed to refer the dispute to the Mediation and Conciliation Centre of the Allahabad High Court, where the mediator facilitated a settlement and the parties executed a settlement agreement, withdrawing all pending claims against each other. The court, after considering the mediation report and the settlement, held that the successful settlement justified quashing the criminal proceedings against the applicants. Relying on Supreme Court precedents (Gian Singh v. State of Punjab; Shiji v. Radhika; Manoj Sharma v. State of U.P.), the court ordered the entire proceedings to be set aside with respect to the applicants. The settlement report was made part of the order and the application under Section 528 BNSS was disposed.
Issues considered
- Whether criminal proceedings under IPC and the Dowry Prohibition Act can be quashed on the basis of a settlement reached through mediation and conciliation under Section 528 of the BNSS.
Legislation cited
- BNSS — s. 528
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- mediation
- settlement
- quash of criminal proceedings
- Section 528 BNSS
- Dowry Prohibition Act
- IPC offences
- compromise in criminal cases
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 19321 of 2026
Asif Ikbal Alias Tajju And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ran Jeet Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up out of turn from the category
of cases which have been mentioned in the morning on account
of urgency. Heard learned counsel for parties.
2. The instant petition has been preferred with prayer to quash
charge sheet dated 13.11.2019 and cognizance order dated
01.03.2021 passed by learned Chief Judicial Magistrate, Jhansi as
well as entire proceeding of Case no. 1585 of 2021 arising out of
Case Crime no. 487 of 2019 under sections 498-A, 323, 504, 506
IPC and 3/4 Dowry Prohibition Act, PS- Sipri Bazar, District
Jhansi.
3. Learned counsel for the parties jointly submits that on the
request of parties the matter was referred to Mediation and
Conciliation Centre of this Court and by the efforts of mediator
the mediation has been successful and it has been stipulated by
the parties that they will withdraw all the pending cases filed
against each other including the case connected with the instant
petition and all the disputes have been settled in terms of the
agreement.
4. It is also stipulated that the case filed by either parties against
each other shall be deemed to have been decided in the light of
the present settlement. The parties are not having any further
NA528 No. 19321 of 2026
2
claims or demands against each other and all the disputes and
differences in this regard have been amicably settled by the
parties.
5. Highlighting the report of the Mediation Centre which has
been placed on record and is also appended along with order
sheet, it is submitted that proceedings of the instant case pending
before the court below should be quashed.
6. Learned AGA would have no objection if dispute between the
parties is settled through the course of mediation.
7. Having heard learned counsel for the parties and having
perused the record, it is evident that with regard to the above
mentioned case pending before learned court concerned in shape
of Case Crime no. 487 of 2019, the instant application was
moved by the applicants. However, the matter was referred to
Mediation and Conciliation Centre of this Court and the efforts of
the mediator has resulted in amicable settlement between the
parties. A settlement has been placed before this Court by the
Mediation and Conciliation Centre, Allahabad High Court
(appended to the order sheet) wherein the terms and conditions of
the settlement has been enumerated and it is categorically stated
that the parties have settled the dispute and they do not want to
prosecute each other and thus the prayer has been made by
learned counsel for the applicants to quash the proceedings
pending before the court below.
8. Since the mediation has been successful and report has been
sent along with original settlement executed between the parties,
thus in view of the law laid down by the Hon'ble Supreme Court
in Gian Singh Vs. State of Punjab reported in (2012)10 SCC
303, Shiji and others Vs. Radhika and others Manu/
SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16
SCC1, entire proceedings of above mentioned Case no. 1585 of
2021 arising out of Case Crime no. 487 of 2019 under sections
498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, PS-
Sipri Bazar, District Jhansi, are hereby quashed and set aside
NA528 No. 19321 of 2026
3
only in respect of applicants herein.
9. The settlement report of the Medication and Conciliation
Centre shall be part and parcel of this order.
10. Accordingly, the application filed by the applicant under
Section 528 BNSS is finally disposed of.
September 9, 2026
Shaswat
(Saurabh Srivastava,J.)
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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