NA528/11657/2025 of SHAILENDRA KUMAR JAIN ALIAS SHAILU AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11657 of 2025 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Indra Deo Mishra, learned counsel for the applicants, Sri Atul Tej Kulshrestha, learned counsel for the opposite party no. 2, Sri V.D.Ojha, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Shailendra Kumar Jain@Shailu, Davendra Kumar Jain@Debu, Smt. Rajwati Jain, Manoj Kumar@Sani, with the prayer to quash the summoning order dated 16.11.2024 including the entire criminal proceedings of Case No. 93 of 2025, pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Agra, Sate vs. Shailendra Kumar Jain and others, arising out of Case Crime No.41/2024, under Sections 498A, 323, 504, 506, 354B I.P.C. and 3/4 D.P. Act, P.S.- Mantola, District Agra with the further prayer to stay the further proceedings of said case during pendency of this application.  4. The matter was referred to the Mediation Centre of this Court vide order dated 09.4.2025 for making an effort between the parties for settling their disputes amicably. 5. As per report of Mediation Centre dated 24.8.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. Versus Counsel for Applicant(s) : Indra Deo Mishra, Sangeeta Yadav, Shri Ram (Rawat), Somesh Soni Counsel for Opposite Party(s) : Atul Tej Kulshrestha, G.A. Shailendra Kumar Jain Alias Shailu And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. As per the office report dated 5.5.2026 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 7. Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court. It is further submitted that the Matrimonial Case No.1882/2025, Smt. Srishti Gupta vs. Shailendra Kumar Jain @ Shailu, under Section 13B of the Hindu Marriage Act has been allowed by the judgement and order dated 21.1.2026 passed by the Additional Principal Judge, Family Court, No. 3, Agra, copy of the said judgement and order has been produced before the Court which is taken on record. It is submitted that therefore the impugned summoning order and the proceedings of the said case be quashed on the ground of settlement arrived at between the parties. 8. Learned State counsel as well as learned counsel for the opposite party no. 2 could not dispute the factum of compromise between the parties which is on record. 9. From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 29.8.2025 between the parties subject to the terms and conditions mentioned therein and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7( ङ) of the said mediation report. 10. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and NA528 No. 11657 of 2025 2 others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 11. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings/summoning order as prayed for by the applicants. 12. The present application is allowed. 13. The impugned summoning order and proceedings of the aforesaid case are hereby quashed. May 6, 2026 Naresh NA528 No. 11657 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad