SHIV KUMAR GAURversusSTATE OF U.P. AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 528 BNSS No. - 33959 of 2025

Shiv Kumar Gaur
                                                                 .....Applicant(s)
                                     Versus
State of U.P. and Another
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)                 :    Ajay Kumar Srivastava
Counsel for Opposite Party(s)            :    Chandra Bhan Yadav, G.A.

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicant, 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 entire
proceedings including the summoning order dated 20.11.2023 passed by
learned Civil Judge (J.D.)/ Judicial Magistrate, Jalesar, Etah in proceeding of
Complaint Case No.3019 of 2023 (Mithilesh Devi Vs. Shiv Kumar Gaur),
under Section 138 N.I. Act, P.S. Avagarh, District Etah as well as N.B.W.
order dated 24.02.2025 pending in the court of learned Civil Judge (J.D.)/
Judicial Magistrate, Jalesar, Etah.

3. Learned counsel for applicant submits that on the request of applicant, 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.
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                                    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 Complaint Case No.3019 of
                                    2023, the instant application was moved by the applicant. 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 applicant 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, the entire proceedings including the summoning order dated
                                    20.11.2023 passed by learned Civil Judge (J.D.)/ Judicial Magistrate, Jalesar,
                                    Etah in proceeding of Complaint Case No.3019 of 2023 (Mithilesh Devi Vs.
                                    Shiv Kumar Gaur), under Section 138 N.I. Act, P.S. Avagarh, District Etah
                                    as well as N.B.W. order dated 24.02.2025 pending in the court of learned
                                    Civil Judge (J.D.)/ Judicial Magistrate, Jalesar, Etah, are hereby quashed and
                                    set aside, only in respect of applicant 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