DEEPAK GUPTA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

   HIGH COURT OF JUDICATURE AT ALLAHABAD

      APPLICATION U/S 528 BNSS No. - 38148 of 2026

Deepak Gupta And Another
                                                   .....Applicant(s)
                             Versus
State of U.P. and Another
                                                      .....Opposite
                                                            Party(s)

Counsel for Applicant(s)      : Prashant   Yadav,     Rajeev
                                Kumar, Rajendra Pal Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 79
           HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicants and learned AGA for
State.

2. The instant petition has been preferred with prayer to quash the
charge sheet dated 03.04.2026 and cognizance/summoning order
dated 16.06.2025 along with entire proceeding of Criminal Case
no.23077 of 2026 (State vs. Deepak Gupta and Others) arising
out of Case Crime no.262 of 2025, under Sections 109(1), 115(2),
352, 351(3) BNS, P.S. Matsena, District- Firozabad, pending in
court of learned Judicial Magistrate, Firozabad.

3. Learned counsel for applicants submits that for the same
incident, an FIR has also been lodged at the behest of applicant
no.2 against the side of opposite party no.2, wherein opposite
party no.2 preferred Criminal Misc. Writ Petition No.2518 of
2026 (Anamika Gupta and 4 Others vs. State of U.P. and 2
Others) in which vide order dated 25.02.2026 passed by Division
Bench of this Court, 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.
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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
appended at page nos.55 & 56 of the instant application, it is
submitted that proceedings of the instant case pending before
learned concerned court, shall also be quashed.

6. Learned AGA 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.262 of 2025, the instant application was moved
by the applicants. However, the matter which was arisen from the
same dispute was referred to Mediation and Conciliation Centre
of this Court by Division Bench 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 instant application) 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
, the charge sheet dated 03.04.2026 and cognizance/summoning
order dated 16.06.2025 along with entire proceeding of Criminal
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                                        Case no.23077 of 2026 (State vs. Deepak Gupta and Others)
                                        arising out of Case Crime no.262 of 2025, under Sections 109(1),
                                        115(2), 352, 351(3) BNS, P.S. Matsena, District- Firozabad,
                                        pending in court of learned Judicial Magistrate, Firozabad, are
                                        hereby quashed and set aside.

                                        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 17, 2026
                                        Saif
                                                                               (Saurabh Srivastava,J.)




Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad