Allahabad High Court
PRAVEEN SINGH SANT AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court quashed the charge‑sheet, cognizance order and all proceedings against the applicants, holding that a valid settlement effected through mediation can bar further prosecution under the cited statutes.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the charge‑sheet dated 22‑03‑2025, the cognizance and summoning order dated 22‑07‑2025, and the entire proceedings of Case No. 227 of 2025 arising from Crime No. 207 of 2024, which involved offences under Sections 498‑A, 323, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. 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 opposite party did not dispute the successful mediation. 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 settlement could be given effect by quashing the criminal proceedings against the applicants. Consequently, the charge‑sheet, cognizance order and the entire case were set aside for the applicants. The settlement report was made part of the order and the application was disposed.
Issues considered
- Whether criminal proceedings under IPC 498‑A, 323, 506 and the Dowry Prohibition Act can be quashed on the basis of a settlement reached through mediation between the parties.
- Whether Section 528 of the Code of Criminal Procedure permits the court to discharge the accused in view of a mutually agreed settlement.
Legislation cited
- Code of Criminal Procedure — s. 528
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 506
Subjects
- mediation
- settlement
- quash of criminal proceedings
- Section 528 CrPC
- IPC 498-A
- Dowry Prohibition Act
- conciliation
- high court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33288 of 2025
Praveen Singh Sant And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Ojha, Sumit Kumar
Pathak
Counsel for Opposite Party(s) : G.A., Prashant Kumar Singh
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 charge-sheet dated
22.03.2025, cognizance/summoning order dated 22.07.2025 and the entire
proceedings of Case No.227 of 2025, arising out of Case Crime No.207 of
2024, under Sections 498-A, 323, 506 IPC, and Section 3/4 of Dowry
Prohibition Act, P.S. Dannathar, District Mainpuri.
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. 33288 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 Case Crime no.207 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 22.03.2025, cognizance/summoning order dated
22.07.2025 and the entire proceedings of Case No.227 of 2025, arising out
of Case Crime No.207 of 2024, under Sections 498-A, 323, 506 IPC, and
Section 3/4 of Dowry Prohibition Act, P.S. Dannathar, District Mainpuri, 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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