UMESH KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

    HIGH COURT OF JUDICATURE AT ALLAHABAD
         APPLICATION U/S 528 BNSS No. - 50330 of 2025

Umesh Kumar And 2 Others
                                                    .....Applicant(s)
                               Versus

State of U.P. and Another
                                                        .....Opposite
                                                              Party(s)

Counsel for Applicant(s)      : Ashwani Kumar, Shamasul
                                Eslam
Counsel for Opposite Party(s) : Baikunth Nath Singh, G.A.,
                                Prabhakar Singh

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

1. This matter is being taken up out of turn from the category
of cases which have been mentioned in the morning on account
of urgency. Heard learned counsel for parties.

2. The instant petition has been preferred with prayer to quash
summoning order dated 15.7.2023 passed by learned Civil Judge
(J.D.)/F.T.C. (Crime Against Women), Jalaun at Orai as well as
entire proceeding of Complaint Case no. 03 of 2023 under
sections 498A, 323 IPC and Section 4 Dowry Prohibition Act,
PS- Dakor, District Jalaun.

3. Learned counsel for the parties jointly submits that on the
request of parties the matter was referred to Mediation and
Conciliation Centre of this Court and by the efforts of mediator
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
the present settlement. The parties are not having any further
                                                  NA528 No. 50330 of 2025
                          2


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 the Mediation Centre which has
been placed on record and is also appended along with order
sheet, it is submitted that proceedings of the instant case pending
before the court below should be quashed. It is also admitted by
learned counsel for opposite party no.2 that the terms of
settlement have been complied by the parties and opposite party
no.2 is not having any objection, if on the basis of settlement,
case pending before trial court be quashed.

6. Learned counsel for opposite parties showed no objection if
dispute between the parties is settled through the course of
mediation.

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. 03 of 2023, 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 as well as opposite party no.2
to quash the proceedings pending before the court below.

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/
                                                                                          NA528 No. 50330 of 2025
                                                                    3


                                        SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16
                                        SCC1, entire proceedings of above mentioned Complaint Case
                                        no. 03 of 2023 under sections 498A, 323 IPC and Section 4
                                        Dowry Prohibition Act, PS- Dakor, District Jalaun, are hereby
                                        quashed and set aside only in respect of applicants herein.

                                        9. The settlement report of the Mediation 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 28, 2026
                                        Shaswat

                                                                                  (Saurabh Srivastava,J.)




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