HASIB SALMANI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

         APPLICATION U/S 528 BNSS No. - 33806 of 2025

Hasib Salmani And 2 Others
                                                          .....Applicant(s)
                                 Versus
State of U.P. and Another
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                   :   Istyak Khan
Counsel for Opposite Party(s)              :   Adnan Aamir, 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 12.12.2024, cognizance/summoning order dated 04.07.2025
and the entire proceedings of Case No.7502 of 2025 (State vs. Hasib
Salmani and others) arising out of Case Crime No.237 of 2024, under
sections 85, 115(2), 352, 351(2) BNS, Section 3/4 of D.P. Act and 3/4
of Muslim Women (Protection of Rights on Marriage) Act, 2019
against applicant No.1 and Sections 85, 115(2), 352, 351(2) BNS,
Section 3/4 of D.P. Act against applicant Nos. 2 and 3, P.S.
Hathgaon, District Fatehpur, pending in the Court of Civil Judge
(junior Division)/FTC (Crime Against Women), Fatehpur.

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
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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.

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.237 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, Case No.7502 of 2025
(State vs. Hasib Salmani and others) arising out of Case Crime
No.237 of 2024, under sections 85, 115(2), 352, 351(2) BNS, Section
3/4 of D.P. Act and 3/4 of Muslim Women (Protection of Rights on
Marriage) Act, 2019 against applicant No.1 and Sections 85, 115(2),
352, 351(2) BNS, Section 3/4 of D.P. Act against applicant Nos. 2
and 3, P.S. Hathgaon, District Fatehpur, pending in the Court of Civil
Judge (junior Division)/FTC (Crime Against Women), Fatehpur, are
hereby quashed and set aside, only in respect of applicants herein.
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                                    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                          (Saurabh Srivastava,J.)
                                    Ashish/-




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