Allahabad High Court
UMESH DUBEY AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court quashed and set aside the Non‑Bailable Warrant for the applicants, holding that the successful mediation and settlement justified such relief under Section 528 BNSS.
Summary
The applicants filed an application under Section 528 of the Bail and Non‑Bailable Section (BNSS) seeking to quash a Non‑Bailable Warrant (NBW) dated 14‑07‑2025 issued by the Special Judge (E.C. Act) in Session Trial No. 541 of 2024, relating to offences under Sections 323, 504, 452, 506, 308, 336 and 34 IPC. The matter was referred to the Mediation and Conciliation Centre of the Allahabad High Court, where the parties reached an amicable settlement and agreed to withdraw all pending cases against each other. The respondent’s counsel did not contest the settlement. Relying on Supreme Court precedents (Gian Singh v. State of Punjab, Shiji v. Radhika, Manoj Sharma v. State of U.P.), the Court held that the successful mediation justified quashing the NBW against the applicants. The settlement report was annexed to the order, and the application under Section 528 was disposed of, with the NBW set aside for the applicants.
Issues considered
- Whether a Non‑Bailable Warrant can be quashed under Section 528 BNSS when the parties have reached a settlement through mediation.
- Whether a criminal proceeding can be deemed concluded in light of a settlement agreement between the accused and the state.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 308, 323, 336, 34, 452, 504, 506
Subjects
- mediation
- settlement
- non‑bailable warrant
- quash
- Section 528
- criminal procedure
- IPC offences
- compromise in criminal cases
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32717 of 2025
Umesh Dubey And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
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 present application has been filed to quash the impugned Non
Bailable Warrant (NBW) order dated 14.07.2025 passed by Special Judge (
E.C. Act)/ Additional Sessions Judge, Azamgarh in Session Trial No.541 of
2024 (State Vs. Umesh Dubey and others), arising out of Case Crime
No.197 of 2022, under Sections 323, 504, 452, 506, 308, 336, 34 IPC, P.S.
Ahraula, District Azamgarh, pending in the court of learned Special Judge
(E.C. Act)/ Additional Sessions Judge, Azamgarh.
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
NA528 No. 32717 of 2025
2
learned concerned court, shall also be quashed.
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 Session Trial No.541 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, impugned Non Bailable Warrant (NBW) order dated 14.07.2025
passed by Special Judge ( E.C. Act)/ Additional Sessions Judge, Azamgarh
in Session Trial No.541 of 2024 (State Vs. Umesh Dubey and others),
arising out of Case Crime No.197 of 2022, under Sections 323, 504, 452,
506, 308, 336, 34 IPC, P.S. Ahraula, District Azamgarh, pending in the court
of learned Special Judge (E.C. Act)/ Additional Sessions Judge, Azamgarh,
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
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