PRAHLAD @ PAWAN DIXIT AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 528 BNSS No. - 31033 of 2025

Prahlad @ Pawan Dixit And 4 Others
                                                                 .....Applicant(s)
                                        Versus
State of U.P. and Another
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)            :    Nutan Tiwari, Upendra Kumar Dubey
Counsel for Opposite Party(s)       :    G.A., Surendra Nath Dubey

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicants, this matter is being taken
up out of turn considering the urgency. Heard learned counsel for parties.

2. The instant petition has been preferred with prayer to quash charge sheet
dated 09.01.2025 and cognizance/summoning order dated 27.06.2025 along
with entire proceeding of Case no.10312 of 2025, (State vs. Prahlad @
Pawan Dixit and others), arising out of Case Crime no.229 of 2024, under
Sections 498-A, 323, 504, 506 IPC, read with Section 3/4 D.P. Act, P.S.
Dhaulana, District Hapur, pending in court of learned Chief Judicial
Magistrate, Hapur.

3. Learned counsel for applicants submits that on the request of applicants,
the matter was referred to Mediation and Conciliation Centre of this Court
and by the efforts of mediators, 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 present settlement. The
parties are not having any further 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 Mediation Centre which has been placed on
record, it is submitted that proceedings of the instant case pending before
learned concerned court, shall also be quashed.
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                                    6. Learned counsel for opposite parties did not dispute the fact that
                                    mediation has been successful.

                                    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.229 of 2024, 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
                                    learned court concerned.

                                    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, charge sheet dated 09.01.2025 and cognizance/summoning order
                                    dated 27.06.2025 along with entire proceeding of Case no.10312 of 2025,
                                    (State vs. Prahlad @ Pawan Dixit and others), arising out of Case Crime
                                    no.229 of 2024, under Sections 498-A, 323, 504, 506 IPC, read with Section
                                    3/4 D.P. Act, P.S. Dhaulana, District Hapur, pending in court of learned
                                    Chief Judicial Magistrate, Hapur, are hereby quashed and set aside, 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 29, 2026
                                    Ashish/-
                                                                                         (Saurabh Srivastava,J.)




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