Dinesh Saini Alias Dinesh and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Dinesh Saini Alias Dinesh and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; charge sheet dated 14.12.20244 (sic), cognizance and summoning order dated 18.01.2025 and the entire proceedings of Criminal Case No. 91048 of 2025 (State vs. Dinesh and others) quashed as prayed for by the applicants.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 91048 of 2025 (arising out of Case Crime No. 36 of 2024, P.S. Rawatpur, District Kanpur Nagar), including the charge sheet and the cognizance/summoning order, can be quashed on the ground of the settlement arrived at between the parties through the Mediation Centre.

Court's answer

In view of the successful mediation culminating in a settlement dated 19.11.2025 (parties deciding to live separately and to withdraw the cases between them), the fact that the State counsel did not dispute the compromise, and the law laid down by the Apex Court on quashing proceedings following settlement (B.S. Joshi; Nikhil Merchant; Manoj Sharma; Gian Singh; Shaifullah; Parbatbhai Ahir), the Court found the case fit for exercising its power to quash the proceedings, charge sheet and summoning order as prayed for by the applicants.

Ratio / Principle

Accordingly, the charge sheet, the summoning order and the entire proceedings of Criminal Case No. 91048 of 2025 (State vs. Dinesh and others) were quashed.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Tej Pratap Tiwari, J.), Application U/S 528 BNSS No. 22100 of 2025, decided 21.11.2025 — Quashing of entire criminal proceedings. Applicants (Dinesh Saini alias Dinesh and 2 others) sought quashing of Criminal Case No. 91048 of 2025 (State vs. Dinesh and others), arising out of Case Crime No. 36 of 2024 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act against applicant nos. 1 and 2, and Sections 498-A, 354, 323, 504, 506 I.P.C. against applicant no. 3, P.S. Rawatpur, District Kanpur Nagar, pending before C.J.M. Kanpur Nagar, along with the charge sheet dated 14.12.2024 (printed as '14.12.20244') and the cognizance/summoning order dated 18.01.2025. On referral, mediation succeeded: settlement dated 19.11.2025 — husband (applicant no. 1) and wife (opposite party no. 2) decided to live separately (para-7(a)) and agreed to withdraw the cases between them (para-7(h)); State counsel did not dispute the compromise. Relying on B.S. Joshi (2003)4 SCC 675; Nikhil Merchant (2008) 9 SCC 677; Manoj Sharma (2008) 16 SCC 1; Gian Singh (2012) 10 SCC 303; Shaifullah 2013 (83) ACC 278; and Parbatbhai Ahir (2017) 9 SCC 641, the Court held it a fit case for quashing: application allowed; charge sheet, summoning order and entire proceedings quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 22100 of 2025

Dinesh Saini Alias Dinesh And 2 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Dhruva Dixit
Counsel for Opposite Party(s)		: G.A.

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Dhruva Dixit, learned counsel for the applicants, learned A.G.A for the State and perused the record.

The present application under Section 528 BNSS has been filed by the applicants, with the prayer to quash the entire proceedings of Criminal Case No. 91048 of 2025 (State vs. Dinesh and others), arising out of Case Crime No. 36 of 2024, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act against applicant nos. 1 and 2 and under Sections 498-A, 354, 323, 504, 506 I.P.C. against applicant no. 3, Police Station Rawatpur, District Kanpur Nagar, pending in the Court of C.J.M, Kanpur Nagar, including charge sheet dated 14.12.20244 as well as cognizance and summoning order dated 18.01.2025.

The matter was referred to the Mediation Centre of this Court vide order dated 01.07.2025 for making an effort between the parties for settling their disputes amicably.

As per report of Mediation Centre dated 19.112025, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them.

As per the office report dated 21.11.2025, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant no. 1(husband) and the opposite party no. 2(wife) have decided to live separately, para-7(a) and therefore the impugned proceedings, summoning order, charge sheet be

NA528 No. 22100 of 2025

2

quashed on the ground of settlement arrived at between the parties.

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 19.11.2025 between the parties and the Mediation succeeded and they have decided to live separately, para-7(a). 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(h) of the said mediation report.

Learned State counsel could not dispute the factum of compromise between the parties which is on record.

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.

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, charge sheet and summoning order as prayed for by the applicants.

The present application is allowed.

The charge sheet and summoning order and entire proceedings of the aforesaid case are hereby quashed.

(Tej Pratap Tiwari,J.)

November 21, 2025 PS

Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad