Rambha Pathak and others v. State of U.P. and another) and

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard Sri P.K.Mishra, learned counsel for the applicants and learned AGA for the State and perused the record.

2. The instant petition has been preferred with prayer to quash charge sheet dated 24.2.2024 and cognizance order dated 27.5.2025 passed by learned Chief Judicial Magistrate, Ballia and entire proceeding of Case no. 7397 of 2025 (State vs. Barmeshwar Upadhyay and others) arising out of Case Crime no. 29 of 2024 under sections 323, 504, 506 IPC, PS- Kotwali, District Ballia, pending in the court of Chief Judicial Magistrate, Ballia on the basis of settlement agreement entered between the parties on 24.4.2025.

3. Learned counsel for the applicant submits that instant matter arises out of matrimonial dispute. The marriage of applicant no. 1 namely Pratibha Devi was solemnized with one Nishant Pathak who is younger brother of opposite party no. 2 namely Prashant Kumar Pathak. After solemnization of marriage, some dispute arose between the parties which resulted into lodging of certain cases from both the sides and present proceeding initiated in shape of Case Crime no. 29 of 2024 under sections 323, 504, 506 IPC, PS- Kotwali, District Ballia, is also one of those. Earlier, the in-laws of applicant no. 1 including opposite party no. 2 have approached this Court by way of filing Application u/s 482 nos. 24072 of 2024 (Rambha Pathak and others vs. State of U.P. and another) and 36204 of 2024 (Nishant Kumar Pathak vs. State of U.P and another) seeking quashing of proceeding of Case Crime no. 12 of 2023 under sections 323, 504, 506, 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act, PS- Mahila Thana, District Ballia wherein, co-ordinate Bench 2 NA528 No. 27778 of 2025 of this Court referred the matter to Mediation Center of this Court vide order dated 13.11.2024. In compliance to order dated 13.11.2024, the dispute between the parties have amicably been settled before Mediation & Conciliation Centre of this Court and settlement agreement has been entered between both the parties on dated 24.4.2025 (appended as Annexure no. 12 to the instant application).

4. 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 bearing Case Crime no. 29 of 2024 under sections 323, 504, 506 IPC, PS- Kotwali, District Ballia connected with the instant petition and all the disputes have been settled in terms of the agreement. To elaborate further paragraph 7(i)(III) of the aforesaid settlement agreement dated 24.4.2025 is reproduced hereinbelow: "7(i)(III). That Case Crime no. 29 of 2024 had been filed by Applicant no. 3-Prashant Pathak (elder brother of Nishant Pathak). Husband-Shri Nishant Pathak has agrees and undertakes that his brother-applicant no. 3 has agreed to withdraw this Case Crime no. 29/2024, registered under Section 323, 504, 506, 352 IPC, PS- Kotwali. In the aforesaid case, parties inform that the charge-sheet has been filed in the matter and if the parties come to the High Court fo quashing of this matter every possible help will be rendered by the complainant. In this matter, a Cross Crime No. 31 of 2024, PS- Kotwali, District Ballia had been filed by Vidya Sagar Upadhyay (brother of O.P.No.-2 wife) against the Applicant no. 3- Prashant Pathak, in this matter also the charge-sheet has been filed in the Court. Parties agree that in case they have to file a petition before the Hon'ble High Court for quashing of this complaint case, every possible help will be rendered by the other side."

5. Highlighting the report of the Mediation Centre which has been placed on record and is also appended along with instant application, it is submitted that proceedings of the instant case pending before the court below should be quashed.

6. Learned AGA would have no objection if dispute between the parties is settled through the course of mediation. 3 NA528 No. 27778 of 2025

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. 29 of 2024, the instant application was moved by the applicants. However, in pursuance to another Case Crime no. 12 of 2023, 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 instant application) wherein the terms and conditions of the settlement has been enumerated and it is categorically stated under aforesaid paragraph no. 7(i)(III) of settlement agreement dated 24.4.2025 that opposite party no. 2 has agreed to withdraw the Case Crime no. 29 of

2024. Once opposite party no. 2 has agreed to withdraw the present case crime no. 29 of 2024, no occasion arises in favour of opposite party no. 2 to pursue the instant matter and this Court is left with no option but to accede the prayer sought through instant application.

8. 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, entire proceedings of above mentioned Case no. 7397 of 2025 (State vs. Barmeshwar Upadhyay and others) arising out of Case Crime no. 29 of 2024 under sections 323, 504, 506 IPC, PS- Kotwali, District Ballia, along with charge sheet dated 24.2.2024 and cognizance order dated 27.5.2025, are hereby quashed and set aside only in respect of applicants namely Pratibha Devi, Vidyasagar Upadhyay and Barmeshwar Upadhyay.

9. Accordingly, the application filed by the applicants under Section 528 BNSS stands allowed. October 13, 2025 Shaswat (Saurabh Srivastava,J.)

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard Sri P.K.Mishra, learned counsel for the applicants and learned AGA for the State and perused the record.

2. The instant petition has been preferred with prayer to quash charge sheet dated 24.2.2024 and cognizance order dated 27.5.2025 passed by learned Chief Judicial Magistrate, Ballia and entire proceeding of Case no. 7397 of 2025 (State vs. Barmeshwar Upadhyay and others) arising out of Case Crime no. 29 of 2024 under sections 323, 504, 506 IPC, PS- Kotwali, District Ballia, pending in the court of Chief Judicial Magistrate, Ballia on the basis of settlement agreement entered between the parties on 24.4.2025.

3. Learned counsel for the applicant submits that instant matter arises out of matrimonial dispute. The marriage of applicant no. 1 namely Pratibha Devi was solemnized with one Nishant Pathak who is younger brother of opposite party no. 2 namely Prashant Kumar Pathak. After solemnization of marriage, some dispute arose between the parties which resulted into lodging of certain cases from both the sides and present proceeding initiated in shape of Case Crime no. 29 of 2024 under sections 323, 504, 506 IPC, PS- Kotwali, District Ballia, is also one of those. Earlier, the in-laws of applicant no. 1 including opposite party no. 2 have approached this Court by way of filing Application u/s 482 nos. 24072 of 2024 (Rambha Pathak and others vs. State of U.P. and another) and 36204 of 2024 (Nishant Kumar Pathak vs. State of U.P and another) seeking quashing of proceeding of Case Crime no. 12 of 2023 under sections 323, 504, 506, 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act, PS- Mahila Thana, District Ballia wherein, co-ordinate Bench 2 NA528 No. 27778 of 2025 of this Court referred the matter to Mediation Center of this Court vide order dated 13.11.2024. In compliance to order dated 13.11.2024, the dispute between the parties have amicably been settled before Mediation & Conciliation Centre of this Court and settlement agreement has been entered between both the parties on dated 24.4.2025 (appended as Annexure no. 12 to the instant application).

4. 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 bearing Case Crime no. 29 of 2024 under sections 323, 504, 506 IPC, PS- Kotwali, District Ballia connected with the instant petition and all the disputes have been settled in terms of the agreement. To elaborate further paragraph 7(i)(III) of the aforesaid settlement agreement dated 24.4.2025 is reproduced hereinbelow: "7(i)(III). That Case Crime no. 29 of 2024 had been filed by Applicant no. 3-Prashant Pathak (elder brother of Nishant Pathak). Husband-Shri Nishant Pathak has agrees and undertakes that his brother-applicant no. 3 has agreed to withdraw this Case Crime no. 29/2024, registered under Section 323, 504, 506, 352 IPC, PS- Kotwali. In the aforesaid case, parties inform that the charge-sheet has been filed in the matter and if the parties come to the High Court fo quashing of this matter every possible help will be rendered by the complainant. In this matter, a Cross Crime No. 31 of 2024, PS- Kotwali, District Ballia had been filed by Vidya Sagar Upadhyay (brother of O.P.No.-2 wife) against the Applicant no. 3- Prashant Pathak, in this matter also the charge-sheet has been filed in the Court. Parties agree that in case they have to file a petition before the Hon'ble High Court for quashing of this complaint case, every possible help will be rendered by the other side."

5. Highlighting the report of the Mediation Centre which has been placed on record and is also appended along with instant application, it is submitted that proceedings of the instant case pending before the court below should be quashed.

6. Learned AGA would have no objection if dispute between the parties is settled through the course of mediation. 3 NA528 No. 27778 of 2025

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. 29 of 2024, the instant application was moved by the applicants. However, in pursuance to another Case Crime no. 12 of 2023, 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 instant application) wherein the terms and conditions of the settlement has been enumerated and it is categorically stated under aforesaid paragraph no. 7(i)(III) of settlement agreement dated 24.4.2025 that opposite party no. 2 has agreed to withdraw the Case Crime no. 29 of

2024. Once opposite party no. 2 has agreed to withdraw the present case crime no. 29 of 2024, no occasion arises in favour of opposite party no. 2 to pursue the instant matter and this Court is left with no option but to accede the prayer sought through instant application.

8. 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, entire proceedings of above mentioned Case no. 7397 of 2025 (State vs. Barmeshwar Upadhyay and others) arising out of Case Crime no. 29 of 2024 under sections 323, 504, 506 IPC, PS- Kotwali, District Ballia, along with charge sheet dated 24.2.2024 and cognizance order dated 27.5.2025, are hereby quashed and set aside only in respect of applicants namely Pratibha Devi, Vidyasagar Upadhyay and Barmeshwar Upadhyay.

9. Accordingly, the application filed by the applicants under Section 528 BNSS stands allowed. October 13, 2025 Shaswat (Saurabh Srivastava,J.)