Allahabad High Court
ASLAM AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court quashed the charge‑sheet, cognizance order and all pending proceedings against the applicants on account of a valid settlement reached through mediation.
Summary
The applicants filed an application under Section 528 of the CrPC seeking to quash the charge‑sheet dated 28‑12‑2024, the cognizance/summoning order dated 14‑07‑2025, and the entire criminal proceedings (Case No. 10944 of 2025) relating to offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The matter was referred to the Court’s Mediation and Conciliation Centre, 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 that allow quashing of criminal proceedings when parties have settled their dispute, the High Court ordered the charge‑sheet, cognizance order and all pending proceedings to be quashed for the applicants. The settlement report was attached to the order and the application was disposed of.
Issues considered
- Whether criminal proceedings under the IPC and Dowry Prohibition Act can be quashed on the basis of a settlement reached through mediation.
- Whether the settlement, being voluntary and uncontroversial, suffices to set aside the charge‑sheet and cognizance order under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- mediation
- settlement
- quash of criminal proceedings
- Section 528 CrPC
- Dowry Prohibition Act
- IPC offences
- amicable settlement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33395 of 2025
Aslam And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohan Kumar Singh, Shailesh Kumar
Shukla
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 charge-sheet dated
28.12.2024, cognizance/summoning order dated 14.07.2025 and the entire
proceedings of Case No.10944 of 2025 (State vs. Aslam and others) arising
out of Case Crime No.12 of 2024, under Sections 498-A, 323, 504, 506 IPC,
and Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District Mau,
pending in the Court of Civil Judge (junior Division)/FTC (Crime Against
Women), Mau.
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. 33395 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.12 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,quash the charge-sheet dated 28.12.2024, cognizance/summoning
order dated 14.07.2025 and the entire proceedings of Case No.10944 of 2025
(State vs. Aslam and others) arising out of Case Crime No.12 of 2024, under
Sections 498-A, 323, 504, 506 IPC, and Section 3/4 of Dowry Prohibition
Act, P.S. Mahila Thana, District Mau, pending in the Court of Civil Judge
(junior Division)/FTC (Crime Against Women), Mau, 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
Checking your session…