Allahabad High Court
AMRESH YADAV AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court held that the application to quash the domestic‑violence proceeding cannot be granted and the matter should be referred to mediation before trial.
Summary
The applicants, comprising a husband and his in‑laws, filed an application under Section 528 of the BNSS seeking to quash a domestic‑violence complaint (Case No. 878 of 2023) filed by the wife. The wife had left the matrimonial home after a dispute and initiated criminal proceedings under Section 12 of the Protection of Women from Domestic Violence Act. The applicants argued that the matter could be settled through mediation and therefore the proceeding should be dismissed. The High Court examined the submissions and held that the application for quash cannot be entertained at this stage. Instead, the court directed that the parties be given an opportunity to attempt settlement before a Mediation and Conciliation Centre. The application was consequently disposed of without granting the relief sought.
Issues considered
- Whether an application under Section 528 BNSS can be used to quash a pending domestic‑violence proceeding.
- Whether the parties should be directed to attempt settlement through mediation before the trial proceeds.
Legislation cited
Subjects
- Domestic Violence
- Section 528 application
- Quash proceeding
- Mediation
- Matrimonial dispute
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20153 of 2026
Amresh Yadav And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ambuj Pandey, Atul Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the
State.
2. This application under Section 528 BNSS has been filed by the
applicants to quash the entire proceeding of Complaint Case No.878 of
2023 Sanju Yadav Vs. Amresh Yadav and others under section 12
Domestic Violence Act, Police Station Robertsganj, District Sonebhadra
as well as order dated 17.03.2026 passed by Civil Judge (J.D.) F.T.C.
(CAW), Sonebhadra.
3. Applicants' counsel submits that applicant No.1 is husband and rest of
the applicants are in-laws of opposite party no.2. Marriage of applicant
No.1 was solemnized with opposite party no.2 on 24.05.2021, thereafter,
opposite party no.2 was resided with the applicants but on account of
some domestic dispute, she left her matrimonial house and started living
in her parental house. Opposite party no.2 has filed various criminal
proceeding against the applicants and applicants are contesting the
proceeding. He further submits that there is chances to settle the matter
between the parties if the matter is being referred to Mediation Centre.
4. In view of the above, the relief as sought by the applicants for quashing
the proceeding in the instant application is refused.
5. Considering the argument advanced by applicants' counsel and perused
the record, it is evident that submission of applicant's counsel can be
NA528 No. 20153 of 2026
2
accepted if applicants appear before trial court and raise chances of
settlement between the parties and the matter be referred to Mediation and
Conciliation Centre. The learned Magistrate/court concerned shall
consider the prayer of the applicants and give an opportunity to both the
parties to settle the matter before Mediation and Conciliation Centre.
6. With the aforesaid directions, this application under Section 528
BNSS stands disposed of.
(Deepak Verma,J.)
May 18, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
Checking your session…