Allahabad High Court
PRASHANT KUMAR KESHARWANIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
A maintenance order under Section 125 CrPC is quashed for the applicant where a valid settlement has been effected through mediation, as permitted by Section 528 CPC.
Summary
The applicant, Prashant Kumar Kesharwani, filed an application under Section 528 of the Code of Civil Procedure seeking to quash a maintenance order dated 05.04.2025 passed by the Additional Principal Judge of the Family Court, Allahabad, in a Section 125 CrPC case. The parties were referred to the Mediation and Conciliation Centre of the High Court, where they reached a settlement and agreed to withdraw all pending suits against each other. The respondent counsel did not contest the successful mediation. Relying on the Supreme Court’s pronouncements in Gian Singh v. State of Punjab and related cases, the Court held that a bona fide settlement can be a ground to set aside the maintenance decree for the applicant. Consequently, the maintenance order was quashed insofar as the applicant is concerned and the application under Section 528 was disposed of.
Issues considered
- Can a settlement arrived at through mediation be a basis to quash a maintenance order under Section 125 CrPC?
- Is Section 528 of the Code of Civil Procedure applicable for setting aside a Section 125 CrPC order on the ground of settlement?
Legislation cited
- Code of Civil Procedure, 1908 — s. 528
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- mediation
- conciliation
- maintenance order
- Section 125 CrPC
- Section 528 CPC
- settlement
- family law
- quash decree
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33503 of 2025
Prashant Kumar Kesharwani
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Singh, Mohammad Khalid
Counsel for Opposite Party(s) : G.A., Yash Pratap 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 instant petition has been preferred with prayer to quash the order
dated 05.04.2025 passed by Additional Principal Judge, Family Court No.2,
Allahabad in Maintenance Case No.1173 of 2022 (Smt. Himanshi Gupta Vs.
Prashant Kumar Kesharwani) under Section 125 Cr.P.C., P.S. Dhoomanganj,
District Allahabad/Prayagraj.
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.
NA528 No. 33503 of 2025
2
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 Maintenance Crime no.1173 of
2022, 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, order dated 05.04.2025 passed by Additional Principal Judge, Family
Court No.2, Allahabad in Maintenance Case No.1173 of 2022 (Smt.
Himanshi Gupta Vs. Prashant Kumar Kesharwani) under Section 125
Cr.P.C., P.S. Dhoomanganj, District Allahabad/Prayagraj, 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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