Allahabad High Court
Smt Sanyogita And Another vs State Of U.P. And 2 Others on 15 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:184290
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40046 of 2025
Smt Sanyogita And Another
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Amit Kumar Gupta, Shyam Dhar Gupta
Counsel for Opposite Party(s)
:
G.A.
Court No. - 79 (SL No.19)
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shyam Dhar Gupta, learned counsel for the applicants and Ms. Ibha Sinha, learned A.G.A. for the State.
2. The instant application under Section 528 BNSS has been filed seeking quashing of the proceedings in Criminal Case No. 16504 of 2018 (State vs. Abhay Singh Yadav and Ors.) arising out of Case Crime No. 0386 of 2017 dated 06.11.2017 under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Mahila Thana, District- Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate (Jr. Div.), F.T.C.-Ist, Court Ghaziabad.
3. Learned counsel of the applicants submits that in the instant case, the matter was referred to the mediation center by the trial court, wherein the parties have settled their dispute amicably and mediated settlement was arrived at between the parties in following terms on 05.08.2025:
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(?????? ?????? ??????)
?? ?????? ?????? ?????? ?? ?????? 05.08.2025 ?? ??????? ???????? ????? ???? ??? ???? ???? ?????? ???? ???? ??? ???? ?????? ?? 302 ????? ??? ????? ?????? ????????? ????-????????? (????? ????) ??? ??? ???? ???? ????? ???? ???? ???? ???? ???? ?????? 106 ??????? ????? ? ????? ??????? ????? ????? (??????? ????) ?? ???? ???? ???? 1. ???? ????????? ?? ???? ????? ?? ????? ?? ??? ?? ??? ???? ????? ????? ?? ??????? ???? ? ???? ?????? ?? ??????? ?? ????? ????? ??????? ????? ???? ??? ???????? ???? 498?, 323, 506 ????????? 3/4 ???? ??????? ??????? ????? ????? ??? ??0- 16504/2018 ????? ???? ??? ???? ???? ??? ?????? ???????? ??? ????????? ??? 2. ????????? ??????? ??????? ?? ?? ????? ?????? ???? ????????? ??????? ?? ????????? ????? 3. ?? ?? ??????? ???? ?? ?? ???? ???? ????? ??? ???????? ???? ??????? ?? ??? ??? ????? ??????? 4. ????????? ?? ????????? ?? ????? ???????? ?? ?? ??? ???? ?? ???? ?????? ?? ?????? ???? ??? ????? ????? ???? ???????? ?? ???? ???? ????? ???????? ????? ?? ?????????? ?????? ?????? ?????? ????? ??????- ?- ?? ?? ??????? ?????? ?? ?? ??? ??? ????? ?? ??? ?? ?????? ??? ?? ????? ?? ??? ?????? ????? ????????? ?? ?????? ?? ?? ????? ??? ?????? ???? ??? 10 ???? ??????? ??? ?? ????? ???? ?? ??? ????? ?? ?? ????? ???? ???????? ??? ????? ???? ?? ??? ??????? ???? ????? ??? ????? ???? ?? ???? ???? ????? ???? ????? ?? | ??? ???? ? ???? ???? ?????? ??????? ???? ???? ????? ?? ??? ?? ????? ? ???? ?? ??? ?????? ?? ???? ???? ???? ??? ??? ??? ???? ???????? ???? ?????? ?????? ?- ?? ?? ????? ???? ?? ??????? ???? ?? ??????? ?? ?????? 12 ?????? ???? ?? ????? ?????? ????? ????????? ?? ??? ????? ?? ??? ?? ??? ?? ?????? 406 ????????? ?? ?? ???? ??? ??? ?? ????? ?? ?????? ??? ???? ??? ?????? ??? ??????? ???? ?? ??????? ?? ?????? ??? ??? ????????? ???? ?????? ??? ?? ?????? ????????? ??? ??? ?? ?? ?? ?? ????? ???? ?????? ??? ??? ?????? ????????? ??? ????? ????? ?? ?????? ?? ?????? ????? ?? ??????? ???? ?? ???? ????? ?????? ?- ?? ?? ??? ?? ???? ?? ????? ?? ????? ??????? ?? ?????? ??? ????? ???? ??????? ???????? ?? ?? ????? ?? ??????? ??? ???? ???????? ?? ??? ?? ???? ??????? ?? ????? ??? ?????? ?? ??? ?? ?? ?? ?? ?? ???? ????? ?????? ??? ????, ?? ?? ??? ???? ???????? ????????? ????? ? ??????????? ???? ??????? ??????? ?????? ?????? ????? ??? ?? ????? ?? ????? ??????? ????????? ???? ?? ???? ?? ?? ??? ?? ?????? ?????? ?????? ?? ????????? ???? ???-16504/2018 (??????? ??????) ?? ??????? ??? ?? ????? ?? ??????? ???? ?? ??? ???? ?? ???? ???? ?? ??? ?? ?? ????????? ?? ??????? ?? ?????? ?? ???? ???????? ?? ??????? ? ?????? ?? ??????? ????? ??? ?? ????? ???? ???"
4. Learned counsel for the applicants further submits that following the aforesaid compromise/settlement through mediation center, the proceedings of various cases between the parties have already been closed. The certified copies of the compromise/settlement through mediation center has been annexed as Annexure 7. The copies of the various proceedings which were settled on the basis of the said compromise has been annexed as Annexure 8 and 9 to the instant application. As per the aforesaid compromise, the parties have also decided to live together as husband and wife. On the basis of the aforesaid mediated settlement, learned counsel for the applicant seeks quashing of the entire proceeding of the Criminal Case No. 16504 of 2018 (State vs. Abhay Singh Yadav and Ors.) arising out of Case Crime No. 0386 of 2017 dated 06.11.2017 under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Mahila Thana, District- Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate (Jr. Div.), F.T.C.-Ist, Court Ghaziabad.
5. Ms. Ibha Sinha, learned AGA, looking at the facts and circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.
6. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record, it is apparent that the applicant no.1 is the wife of the applicant no.2 There was some matrimonial discord between them due to which the instant application was lodged by the applicant no.1 against the applicant no.2 and the other family members of the applicant no.2. The matter was investigated and the charge sheet was filed. In the instant case, the trial court has taken cognizance in the matter. During the pendency of the instant case, the matter was referred to the mediation center by the Civil Judge (Jr. Div.), Ghaziabad. Thereupon, the parties have settled their dispute amicably and mediated the settlement as noted hereinabove, which has been arrived at between the parties on 05.08.2025. Pursuant to the settlement, the parties have got disposed of the proceedings of the Criminal Case No. 16504 of 2018 (State vs. Abhay Singh Yadav and Ors.) arising out of Case Crime No. 0386 of 2017 dated 06.11.2017 under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Mahila Thana, District- Ghaziabad under the provisions of Domestic Violante Act.
6. Both the parties are present today in Court and have admitted the factum of settlement of dispute and they also admitted that they are living together as husband and wife and will take care of their son.
7. In view of the facts and circumstances of the case, since it was a matrimonial dispute between the applicant no.1 and the applicant no.2, which has been amicably settled, therefore, no fruitful purpose will be served by keeping the criminal proceeding pending. Further, with the aforesaid settlement of matrimonial dispute, peace will prevail not only in the family of the parties but in society at large. Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in Criminal Case No. 16504 of 2018 (State vs. Abhay Singh Yadav and Ors.) arising out of Case Crime No. 0386 of 2017 dated 06.11.2017 under Sections 498-A, 323, 504, 506 I.P.C., Police Station- Mahila Thana, District- Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate (Jr. Div.), F.T.C.-Ist, Court Ghaziabad, are hereby quashed.
(Anish Kumar Gupta,J.)
October 15, 2025
Shubham Arya
