Parmesh Datt Pandey v. Raghvendra Narayan Mishra and others), under Section

1. Vakalatnama filed by Sri Surendra Bahadur Singh on behalf of the applicants today in Court, is taken on record.

2. Heard Ms. Kusum Mishra, learned counsel for the applicants in Application under Section 482 No. 41922 of 2024 along with Surendra Bahadur Singh, Advocate, Sri Anand Kumar Kumar, learned counsel for opposite party no.2 and Ms. Harshita Rani, learned AGA for the State.

3. Heard Sri Anand Kumar, learned counsel for the applicants in Application under Section 528 BNSS No. 10817 of 2025 as well as Ms. Kusum Mishra along with Surendra Bahadur Singh, learned counsel for 2 A482 No. 41922 of 2024 the opposite party no.2 and and Ms. Harshita Rani, learned AGA for the State.

4. The Application under Section 482 No. 41922 of 2024 has been filed seeking quashing of the charge sheet dated 16.01.2024 and the cognizance/summoning order dated 09.09.2024 and the entire proceeding of Case No. 85140 of 2024 (State vs. Nagesh Pandey and others), arising out of Case Crime No. 204 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P.Act, P.S. Rajatalab, District Varanasi, pending before the court of Additional Chief Judicial Magistrate, Court No.4, Varanasi and the Application under Section 528 BNSS No. 10817 of 2025 has been filed seeking quashing of the summoning order dated

09.10.2024 as well as the entire proceeding of Complaint Case No. 1716 of 2023 (Parmesh Datt Pandey vs. Raghvendra Narayan Mishra and others), under Section 452, 392, 504, 506, 120B IPC, P.S. Kotwali Dehat, District Mirzapur, pending in the court of First Additional Chief Judicial Magistrate, Mirzapur.

5. Learned counsel for both sides jointly submit that the applicant no.1 Nagesh Pandey was married to one Monika Mishra daughter of opposite party no.2 Raghvendra Narayan Mishra. There was some matrimonial dispute between them, due to which an FIR being Case Crime No. 204 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P.Act was lodged by Raghvendra Narayan Mishra against the applicants in Application under Section 482 No. 41922 of 2024 in which after investigation the charge sheet has been filed on 16.01.2024. Thereupon the learned Additional Chief Judicial Magistrate, Court No.4, Varanasi took cognizance and summoned the applicants herein vide order dated

09.09.2024 and the case was registered as Case No. 85140 of 2024 (State vs. Nagesh Pandey and others). Likewise out of the said matrimonial dispute, the applicant no. 2 in Application under Section 528 BNSS No. 10817 of 2025, the opposite party no.2 namely Parmesh Datt Pandey has also lodged Complaint Case No. 1716 of 2023 (Parmesh Datt Pandey vs. Raghvendra Narayan Mishra and others), under Section 452, 392, 504, 506, 120B IPC, which is pending in the Court of First Additional Chief Judicial Magistrate, Mirzapur. Being aggrieved by the same, the instant application has been filed by the applicants under Section 528 BNSS. 3 A482 No. 41922 of 2024

6. Vide order dated 05.04.2025 passed by this Court in Application under Section 528 BNSS No. 10817 of 2025, the matter was referred to the mediation centre of this Court. As per the report received from the mediation centre dated 16.07.2025, the said Nagesh Pandey and Monika Mishra who are the husband and wife have settled all their matrimonial disputes amicably with the Conciliator / Mediator of this Court and the following settlements have arrived at between the parties: "a. That interim settlement dated 02.07.2025 shall form a part of this Settlement and it shall be read together in consonance with the interim settlement. b. That in view of the interim settlement, both the parties are living together as husband and wife since 04.07.2025 and today both the parties appeared and stated to the Mediators that they are living together as husband and wife in perfect harmony forgetting all previous disputes and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other. c. That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. d. That the husband undertakes to take care of his wife and shall provide all essential requirements and amenities to her in future. c. That the wife also undertakes that she will take care of her husband without creating any further dispute. f. That the parties further stated to the mediators that they are satisfied with this reunion and further they want to continue it for the rest of their lives. g. That it has been agreed between the parties that there will be no interference of the relatives of either of the party in their peaceful living. h. That it has been further agreed between the parties all the case, if any, civil and criminal cases pending between the parties in any Sub-ordinate 4 A482 No. 41922 of 2024 Court regarding the present matrimonial disputes shall be withdrawn by the parties concerned by taking appropriate steps in view of this Settlement-Agreement. i. That it has been further agreed between the parties that they shall not file any fresh case/litigation against each other regarding the present matrimonial dispute."

7. In view of the aforesaid successful mediation between the parties wherein the husband Nagesh Pandey and his wife Monika Mishra, both have decided to live together as husband and wife and are now living together happily as husband and wife. In view thereof, the parties have decided to withdraw all the cases against each other. Thus, learned counsel for both the parties in both the petitions are seeking quashing of the entire proceeding of the case in view the aforesaid settlement arrived at between the parties.

8. Looking at the entirety of the facts and circumstances of the case and the settlement arrived at between the parties, both have decided to live together as husband and wife.

9. Learned AGA for the State did not oppose the prayer for quashing of the cases lodged by the parties against each other.

10. Having heard the aforesaid submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. The facts have already been noted hereinabove. Since it was primarily a matrimonial dispute between the applicant no.1 Nagesh Pandey and his wife Monika Mishra, who is the daughter of opposite party no.2, Raghvendra Narayan Mishra. Since all the matrimonial disputes have been amicably settled due to intervention of Conciliator / Mediator of this Court, they have decided to live together as husband and wife and and in view of the settlement arrived at between the parties, there is remote and bleak chances of conviction of the applicants of both the cases. With the aforesaid settlement, the peace will prevail in the society as also in the families of the parties and continuance of the aforesaid criminal proceedings will not serve any fruitful purpose in view of the settlement of disputes between parties. 5 A482 No. 41922 of 2024

11. In view thereof and in the light of the judgements 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, both the instant applications are allowed and the proceedings of Case No. 85140 of 2024 (State vs. Nagesh Pandey and others), arising out of Case Crime No. 204 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P.Act and Complaint Case No. 1716 of 2023 (Parmesh Datt Pandey vs. Raghvendra Narayan Mishra and others), under Section 452, 392, 504, 506, 120B IPC are hereby quashed. October 7, 2025 Ashish Pd. (Anish Kumar Gupta,J.) ASHISH PRASAD High Court of Judicature at Allahabad

1. Vakalatnama filed by Sri Surendra Bahadur Singh on behalf of the applicants today in Court, is taken on record.

2. Heard Ms. Kusum Mishra, learned counsel for the applicants in Application under Section 482 No. 41922 of 2024 along with Surendra Bahadur Singh, Advocate, Sri Anand Kumar Kumar, learned counsel for opposite party no.2 and Ms. Harshita Rani, learned AGA for the State.

3. Heard Sri Anand Kumar, learned counsel for the applicants in Application under Section 528 BNSS No. 10817 of 2025 as well as Ms. Kusum Mishra along with Surendra Bahadur Singh, learned counsel for 2 A482 No. 41922 of 2024 the opposite party no.2 and and Ms. Harshita Rani, learned AGA for the State.

4. The Application under Section 482 No. 41922 of 2024 has been filed seeking quashing of the charge sheet dated 16.01.2024 and the cognizance/summoning order dated 09.09.2024 and the entire proceeding of Case No. 85140 of 2024 (State vs. Nagesh Pandey and others), arising out of Case Crime No. 204 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P.Act, P.S. Rajatalab, District Varanasi, pending before the court of Additional Chief Judicial Magistrate, Court No.4, Varanasi and the Application under Section 528 BNSS No. 10817 of 2025 has been filed seeking quashing of the summoning order dated

09.10.2024 as well as the entire proceeding of Complaint Case No. 1716 of 2023 (Parmesh Datt Pandey vs. Raghvendra Narayan Mishra and others), under Section 452, 392, 504, 506, 120B IPC, P.S. Kotwali Dehat, District Mirzapur, pending in the court of First Additional Chief Judicial Magistrate, Mirzapur.

5. Learned counsel for both sides jointly submit that the applicant no.1 Nagesh Pandey was married to one Monika Mishra daughter of opposite party no.2 Raghvendra Narayan Mishra. There was some matrimonial dispute between them, due to which an FIR being Case Crime No. 204 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P.Act was lodged by Raghvendra Narayan Mishra against the applicants in Application under Section 482 No. 41922 of 2024 in which after investigation the charge sheet has been filed on 16.01.2024. Thereupon the learned Additional Chief Judicial Magistrate, Court No.4, Varanasi took cognizance and summoned the applicants herein vide order dated

09.09.2024 and the case was registered as Case No. 85140 of 2024 (State vs. Nagesh Pandey and others). Likewise out of the said matrimonial dispute, the applicant no. 2 in Application under Section 528 BNSS No. 10817 of 2025, the opposite party no.2 namely Parmesh Datt Pandey has also lodged Complaint Case No. 1716 of 2023 (Parmesh Datt Pandey vs. Raghvendra Narayan Mishra and others), under Section 452, 392, 504, 506, 120B IPC, which is pending in the Court of First Additional Chief Judicial Magistrate, Mirzapur. Being aggrieved by the same, the instant application has been filed by the applicants under Section 528 BNSS. 3 A482 No. 41922 of 2024

6. Vide order dated 05.04.2025 passed by this Court in Application under Section 528 BNSS No. 10817 of 2025, the matter was referred to the mediation centre of this Court. As per the report received from the mediation centre dated 16.07.2025, the said Nagesh Pandey and Monika Mishra who are the husband and wife have settled all their matrimonial disputes amicably with the Conciliator / Mediator of this Court and the following settlements have arrived at between the parties: "a. That interim settlement dated 02.07.2025 shall form a part of this Settlement and it shall be read together in consonance with the interim settlement. b. That in view of the interim settlement, both the parties are living together as husband and wife since 04.07.2025 and today both the parties appeared and stated to the Mediators that they are living together as husband and wife in perfect harmony forgetting all previous disputes and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other. c. That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. d. That the husband undertakes to take care of his wife and shall provide all essential requirements and amenities to her in future. c. That the wife also undertakes that she will take care of her husband without creating any further dispute. f. That the parties further stated to the mediators that they are satisfied with this reunion and further they want to continue it for the rest of their lives. g. That it has been agreed between the parties that there will be no interference of the relatives of either of the party in their peaceful living. h. That it has been further agreed between the parties all the case, if any, civil and criminal cases pending between the parties in any Sub-ordinate 4 A482 No. 41922 of 2024 Court regarding the present matrimonial disputes shall be withdrawn by the parties concerned by taking appropriate steps in view of this Settlement-Agreement. i. That it has been further agreed between the parties that they shall not file any fresh case/litigation against each other regarding the present matrimonial dispute."

7. In view of the aforesaid successful mediation between the parties wherein the husband Nagesh Pandey and his wife Monika Mishra, both have decided to live together as husband and wife and are now living together happily as husband and wife. In view thereof, the parties have decided to withdraw all the cases against each other. Thus, learned counsel for both the parties in both the petitions are seeking quashing of the entire proceeding of the case in view the aforesaid settlement arrived at between the parties.

8. Looking at the entirety of the facts and circumstances of the case and the settlement arrived at between the parties, both have decided to live together as husband and wife.

9. Learned AGA for the State did not oppose the prayer for quashing of the cases lodged by the parties against each other.

10. Having heard the aforesaid submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. The facts have already been noted hereinabove. Since it was primarily a matrimonial dispute between the applicant no.1 Nagesh Pandey and his wife Monika Mishra, who is the daughter of opposite party no.2, Raghvendra Narayan Mishra. Since all the matrimonial disputes have been amicably settled due to intervention of Conciliator / Mediator of this Court, they have decided to live together as husband and wife and and in view of the settlement arrived at between the parties, there is remote and bleak chances of conviction of the applicants of both the cases. With the aforesaid settlement, the peace will prevail in the society as also in the families of the parties and continuance of the aforesaid criminal proceedings will not serve any fruitful purpose in view of the settlement of disputes between parties. 5 A482 No. 41922 of 2024

11. In view thereof and in the light of the judgements 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, both the instant applications are allowed and the proceedings of Case No. 85140 of 2024 (State vs. Nagesh Pandey and others), arising out of Case Crime No. 204 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P.Act and Complaint Case No. 1716 of 2023 (Parmesh Datt Pandey vs. Raghvendra Narayan Mishra and others), under Section 452, 392, 504, 506, 120B IPC are hereby quashed. October 7, 2025 Ashish Pd. (Anish Kumar Gupta,J.) ASHISH PRASAD High Court of Judicature at Allahabad