Yogesh Dutt Yadav v. Shivani Yadav) in which vide order dated

1. Heard Sri Ashwani Kumar Yadav, learned counsel for the applicants, Sri Rajeshwar Prasad Sinha, learned counsel for the opposite party no.2 and Ms. Akhilesh Kumar Srivastava, learned A.G.A. for the State.

2. The instant application under Section 528 BNSS has been filed seeking quashing the Summoning Order dated 16-09-2023 as well as entire proceeding in Criminal Case No. 4882/2023, State Vs. Yogesh Dutt Yadav and 3 others, under sections 498-A, 323, 504, 506 I.P.C and 3/4 D.P. Act Police Station- Mahila Thana, District- Chitrakoot.

3. Learned counsel for the applicants submits that the applicant no. 1 is the husband of the Opposite Party No. 2 and there was a matrimonial dispute between them and vide order dated 19.3.2025, matter was referred to the Mediation Centre of this Court. As per the report received from the Mediation Centre, mediation between the parties is successful and the parties had agreed to settle all their matrimonial dispute in terms of the mediation report dated 30.8.2025. Mediation settlement is being quoted below:- "ALLAHABAD HIGH COURT MEDIATION AND CONCILIATION CENTRE SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT entered into on 30.08.2025, between Yogesh Dutt Yadav (Applicant No. 1-Husband) and Shivani Yadav (O.P. No. 2-Wife). WHEREAS

1. Disputes and differences had arisen between the Parties hereto and Application U/S 528 BNSS No. 8923 of 2025 was filed before the Hon'ble High Court.

2. The matter was referred to mediation / conciliation vide order dated 19.03.2025 2 NA528 No. 8923 of 2025

8. a. b. c. passed by Hon'ble Arun Kumar Singh Deshwal,J. The parties agreed that Mr. Diptiman Singh and Mr. Anurag Kishore Srivastava, Advocates would act as their Conciliators/ Mediators, in the Mediation Case No. 1382/2025. Several joint and separate meetings were held during the process of Conciliation/ Mediation on 26.04.2025, 24.05.2025, 21.06.2025. 28.06.2025, 26.07.2025 and 30.08.2025, the parties have with the assistance of the Mediators/Conciliators voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences. The marriage between Yogesh Dutt Yadav (Applicant No. 1-Husband) and Shivani Yadav (O.P. No. 2-Wife) was solemnized according to Hindu rites and rituals on 11.07.2013. Out of aforesaid wedlock, the parties have a son, namely, Ishan Yadav (aged about 10 years) who is living with his mother. The husband had filed a divorce petition u/s 13 of the Hindu Marriage Act before the Family Court, Prayagraj (Registration No.1395/2020) (Yogesh Dutt Yadav vs. Shivani Yadav) in which vide order dated 09.05.2022, the divorce suit has been decreed by Additional Principal Judge, Family Court, Prayagraj. The parties hereto confirm and declare that they have voluntarily and of their own free will arrive at this Settlement Agreement in the presence of the Mediators/ Conciliators. The following settlement has been arrived at between the Parties hereto:- That it has been mutually agreed between the parties that the wife has no objection to the order dated 09.05.2022 passed in the divorce petition filed by the husband, u/s 13 of the Hindu Marriage Act by which the divorce suit had been decreed by Additional Principal Judge, Family Court, Prayagraj and she also undertakes not to contest the said decree of divorce before any court of law or forum whatsoever. The certified copy of the decree/order dated 09.05.2029 shall be produced by the husband before the Hon'ble High Court at the time of hearing. That it has been consented and agreed between the parties that the husband shall pay an amount of Rs.8,70,900/- (Rupees Eight Lakh Seventy Thousand Nine Hundred only) to the wife towards permanent alimony. The aforesaid amount shall be paid by way of demand draft drawn in favour of wife. That it has been agreed between the parties that after receiving this amount the wife shall not stake any other claim of any nature whatsoever, claiming any further assistance/ maintenance from the husband and she also undertakes that she shall not stake any claim in the property of husband or his family members. 3 NA528 No. 8923 of 2025 d. e. That, today, the husband has handed a demand draft bearing no. 133416 dated 29.08.2025 for Rs.8,70,900/- (Rupees Eight Lakh Seventy Thousand Nine Hundred only) issued by State Bank of India in favour of Shivani Yadav (wife). to the wife-O.P. No. 2 and she acknowledges the receipt of the same. That both the parties undertake to move withdrawal applications in all civil and criminal cases filed by them against each other or their family members regarding present matrimonial dispute within one month by taking appropriate steps before the Court/authority concerned. f. That the parties will not file any fresh case against each other in respect of this matrimonial dispute.

9. By signing this Agreement the Parties hereto state that the Application U/S 528 BNSS No. 8923 of 2025 and all disputes and differences in this regard have the process of the Parties hereto been amicably settled by Conciliation/Mediation. through This settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement. DATE: 30.08.2025"

4. In terms of the aforesaid mediated settlement dated 30.8.2025, decree of divorce has already been passed by the trial court with the consent of the parties and in terms of the settlement between the parties, the entire amount of Rs. 8,70,900/- has already been paid by the applicants to the Opposite Party No. 2 vide demand draft No. 133416 dated 29.8.2025 and the parties have already agreed to withdraw all the cases pending against each other, therefore, learned counsel for the applicant as well as learned counsel for the Opposite Party No. 2 jointly pray for quashing of the entire proceedings of the instant case in terms of the settlement arrived at between the parties.

5. Having regard to the facts and circumstances of the case, learned A.G.A. has not opposed the prayer of the applicants for quashing the entire proceedings of the instant case.

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 of the case, it is apparent that the applicant is the husband of the Opposite Party No.2. There was a matrimonial dispute between them due to which the instant case has been filed by the Opposite Party No. 2 against the applicant herein and subsequent thereto the parties have settled their disputes in terms of the mediation report dated 30.8.2025.

7. Since it was a matrimonial dispute between the parties, which has been amicably settled before the Mediation Centre of this Court vide 4 NA528 No. 8923 of 2025 settlement deed dated 30.8.2025, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment 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 the Summoning Order dated 16-09-2023 as well as entire proceeding in Criminal Case No. 4882/2023, State Vs. Yogesh Dutt Yadav and 3 others, under sections 498-A, 323, 504, 506 I.P.C and 3/4 D.P. Act Police Station- Mahila Thana, District- Chitrakoot, pending inthe Court of Judicial Magistrate-I, Chitrakoo are hereby quashed. October 15, 2025 n.u. (Anish Kumar Gupta,J.) NASEEM UDDIN NASEEM UDDIN High Court of Judicature at Allahabad High Court of Judicature at Allahabad

1. Heard Sri Ashwani Kumar Yadav, learned counsel for the applicants, Sri Rajeshwar Prasad Sinha, learned counsel for the opposite party no.2 and Ms. Akhilesh Kumar Srivastava, learned A.G.A. for the State.

2. The instant application under Section 528 BNSS has been filed seeking quashing the Summoning Order dated 16-09-2023 as well as entire proceeding in Criminal Case No. 4882/2023, State Vs. Yogesh Dutt Yadav and 3 others, under sections 498-A, 323, 504, 506 I.P.C and 3/4 D.P. Act Police Station- Mahila Thana, District- Chitrakoot.

3. Learned counsel for the applicants submits that the applicant no. 1 is the husband of the Opposite Party No. 2 and there was a matrimonial dispute between them and vide order dated 19.3.2025, matter was referred to the Mediation Centre of this Court. As per the report received from the Mediation Centre, mediation between the parties is successful and the parties had agreed to settle all their matrimonial dispute in terms of the mediation report dated 30.8.2025. Mediation settlement is being quoted below:- "ALLAHABAD HIGH COURT MEDIATION AND CONCILIATION CENTRE SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT entered into on 30.08.2025, between Yogesh Dutt Yadav (Applicant No. 1-Husband) and Shivani Yadav (O.P. No. 2-Wife). WHEREAS

1. Disputes and differences had arisen between the Parties hereto and Application U/S 528 BNSS No. 8923 of 2025 was filed before the Hon'ble High Court.

2. The matter was referred to mediation / conciliation vide order dated 19.03.2025 2 NA528 No. 8923 of 2025

8. a. b. c. passed by Hon'ble Arun Kumar Singh Deshwal,J. The parties agreed that Mr. Diptiman Singh and Mr. Anurag Kishore Srivastava, Advocates would act as their Conciliators/ Mediators, in the Mediation Case No. 1382/2025. Several joint and separate meetings were held during the process of Conciliation/ Mediation on 26.04.2025, 24.05.2025, 21.06.2025. 28.06.2025, 26.07.2025 and 30.08.2025, the parties have with the assistance of the Mediators/Conciliators voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences. The marriage between Yogesh Dutt Yadav (Applicant No. 1-Husband) and Shivani Yadav (O.P. No. 2-Wife) was solemnized according to Hindu rites and rituals on 11.07.2013. Out of aforesaid wedlock, the parties have a son, namely, Ishan Yadav (aged about 10 years) who is living with his mother. The husband had filed a divorce petition u/s 13 of the Hindu Marriage Act before the Family Court, Prayagraj (Registration No.1395/2020) (Yogesh Dutt Yadav vs. Shivani Yadav) in which vide order dated 09.05.2022, the divorce suit has been decreed by Additional Principal Judge, Family Court, Prayagraj. The parties hereto confirm and declare that they have voluntarily and of their own free will arrive at this Settlement Agreement in the presence of the Mediators/ Conciliators. The following settlement has been arrived at between the Parties hereto:- That it has been mutually agreed between the parties that the wife has no objection to the order dated 09.05.2022 passed in the divorce petition filed by the husband, u/s 13 of the Hindu Marriage Act by which the divorce suit had been decreed by Additional Principal Judge, Family Court, Prayagraj and she also undertakes not to contest the said decree of divorce before any court of law or forum whatsoever. The certified copy of the decree/order dated 09.05.2029 shall be produced by the husband before the Hon'ble High Court at the time of hearing. That it has been consented and agreed between the parties that the husband shall pay an amount of Rs.8,70,900/- (Rupees Eight Lakh Seventy Thousand Nine Hundred only) to the wife towards permanent alimony. The aforesaid amount shall be paid by way of demand draft drawn in favour of wife. That it has been agreed between the parties that after receiving this amount the wife shall not stake any other claim of any nature whatsoever, claiming any further assistance/ maintenance from the husband and she also undertakes that she shall not stake any claim in the property of husband or his family members. 3 NA528 No. 8923 of 2025 d. e. That, today, the husband has handed a demand draft bearing no. 133416 dated 29.08.2025 for Rs.8,70,900/- (Rupees Eight Lakh Seventy Thousand Nine Hundred only) issued by State Bank of India in favour of Shivani Yadav (wife). to the wife-O.P. No. 2 and she acknowledges the receipt of the same. That both the parties undertake to move withdrawal applications in all civil and criminal cases filed by them against each other or their family members regarding present matrimonial dispute within one month by taking appropriate steps before the Court/authority concerned. f. That the parties will not file any fresh case against each other in respect of this matrimonial dispute.

9. By signing this Agreement the Parties hereto state that the Application U/S 528 BNSS No. 8923 of 2025 and all disputes and differences in this regard have the process of the Parties hereto been amicably settled by Conciliation/Mediation. through This settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement. DATE: 30.08.2025"

4. In terms of the aforesaid mediated settlement dated 30.8.2025, decree of divorce has already been passed by the trial court with the consent of the parties and in terms of the settlement between the parties, the entire amount of Rs. 8,70,900/- has already been paid by the applicants to the Opposite Party No. 2 vide demand draft No. 133416 dated 29.8.2025 and the parties have already agreed to withdraw all the cases pending against each other, therefore, learned counsel for the applicant as well as learned counsel for the Opposite Party No. 2 jointly pray for quashing of the entire proceedings of the instant case in terms of the settlement arrived at between the parties.

5. Having regard to the facts and circumstances of the case, learned A.G.A. has not opposed the prayer of the applicants for quashing the entire proceedings of the instant case.

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 of the case, it is apparent that the applicant is the husband of the Opposite Party No.2. There was a matrimonial dispute between them due to which the instant case has been filed by the Opposite Party No. 2 against the applicant herein and subsequent thereto the parties have settled their disputes in terms of the mediation report dated 30.8.2025.

7. Since it was a matrimonial dispute between the parties, which has been amicably settled before the Mediation Centre of this Court vide 4 NA528 No. 8923 of 2025 settlement deed dated 30.8.2025, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment 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 the Summoning Order dated 16-09-2023 as well as entire proceeding in Criminal Case No. 4882/2023, State Vs. Yogesh Dutt Yadav and 3 others, under sections 498-A, 323, 504, 506 I.P.C and 3/4 D.P. Act Police Station- Mahila Thana, District- Chitrakoot, pending inthe Court of Judicial Magistrate-I, Chitrakoo are hereby quashed. October 15, 2025 n.u. (Anish Kumar Gupta,J.) NASEEM UDDIN NASEEM UDDIN High Court of Judicature at Allahabad High Court of Judicature at Allahabad