Ankit Kumar Sahu And 10 Others vs State Of U.P. And Another

2. Heard Sri Awadh Narayan Tiwari, Advocate holding brief of Sri Santosh Kr. Singh Paliwal, learned counsel for the applicants, Sri Birender Pratap Singh, learned counsel for the State and perused the records.

3. Notice issued to the opposite party no.2 vide order dated 10.04.2025 has been served personally as per office report dated 15.04.2026. Despite service of notice, no one appears on behalf of the opposite party no.2 even when the matter has been taken up in the revised list.

4. The present application under Section 528 BNSS has been filed by the applicants Ankit Kumar Sahu, Dinesh Kumar Sahu, Smt. Kanchan Sahu, Ravi Shankar Sahu, Smt. Suman Sahu, Smt. Poonam Sahu, Smt. Neeti Sahu, Vipin Sahu, Raghvendra Bahadur Sahu, Abhishek Gupta and Smt. Komal Sahu, with the prayer to quash the charge sheet dated 02.03.2022 and entire criminal proceeding as Case Crime No. 331 of 2021 as well as summoning order dated 13.04.2023 passed by Additional Chief Judicial Magistrate, Court No.17, under Sections 498-A, 323, 504, 506, 342 IPC and 3/4 D.P. Act, Police Station Cantt., District Prayagraj (State Vs. Ankit Sahu and others) and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

5. The matter was referred to the Mediation Centre of this Court vide order dated 10.04.2025 for making an effort between the parties for settling their disputes amicably.

6. As per report of Mediation Centre dated 21.09.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 14.09.2025.

7. As per the office report dated 28.11.2025, a report from the Mediation Centre of this Court is on record.

8. 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 26.08.2022 between the parties 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(f) of the said mediation report.

9. It is submitted that the case before the Principal Judge, Family Court, Prayagraj being Marriage Case No. 1987 of 2025 (Smt. Satyam Gupta Vs. Ankit Kumar Sahu) has been decided vide judgment and order dated 25.03.2026, certified copy of the order has been produced before the Court by learned counsel for the applicants, the same is taken on record.

10. Learned counsel for the State has no objection to the said proposition.

11. 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 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.

12. 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 as prayed for by the applicant(s).

13. The present application is allowed.

14. The entire proceedings, charge sheet dated 02.03.2022 and as well as summoning order dated 13.04.2023 passed in the aforesaid case are hereby quashed.

(Samit Gopal,J.)

May 7, 2026

M. ARIF