Riyazul Hasan and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Riyazul Hasan and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief on merits at this stage; notice ordered to opposite party no.2 and matter listed fresh for 18.11.2025; the quashing prayer remains to be considered.

Issue for consideration

Whether the charge sheet dated 11.06.2018, the summoning order dated 12.07.2018 and the entire proceeding of Criminal Case No. 215 of 2021 (arising out of Case Crime No. 75 of 2017 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P.Act) should be quashed, particularly in view of the parties' mediated settlement of 12.06.2022, sub-clause (d) of Clause-6 of which covered disposal of this proceeding as well.

Court's answer

The Court directed that notice be issued to opposite party no.2.

Key takeaways

The matter was listed to be put up on 18.11.2025 as fresh.¶18

Detailed headnote1 paragraphs

Allahabad High Court (Anish Kumar Gupta, J.), Court No. 79 — interim order in Application U/S 528 BNSS No. 39488 of 2025 (Riyazul Hasan and 2 Others v. State of U.P. and Another) seeking quashing of the charge sheet dated 11.06.2018, the summoning order dated 12.07.2018 and the entire proceeding of Criminal Case No. 215 of 2021 (State vs. Riyazul Hasan and others), arising out of Case Crime No. 75 of 2017 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P.Act, P.S. Mahila Thana, District J.P. Nagar (Amroha), pending before the Civil Judge (J.D.)/Fast Track Court II, J.P. Nagar (Amroha). Counsel submitted that the applicants' earlier Criminal Misc. Application under Section 482 No. 1894 of 2021, against the charge sheet in Criminal Case No. 8911 of 2020 (Case Crime No. 53 of 2020; Section 506 IPC and 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019), was referred to mediation, produced a mediated settlement dated 12.06.2022 on which that case was quashed on 09.11.2022, and that sub-clause (d) of Clause-6 of the settlement covered disposal of the present case as well. The Court ordered notice to opposite party no.2 and listed the matter fresh for 18.11.2025; no substantive ruling was made on the quashing prayer.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39488 of 2025

Riyazul Hasan And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Sandeep Kumar Srivastava
Counsel for Opposite Party(s)	: G.A.

Court No. - 79

(Sl.No. 25)

HON'BLE ANISH KUMAR GUPTA, J.

Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicants and Ms. Kirti Singh, learned AGA for the State.

The instant application has been field seeking quashing of the charge sheet dated 11.06.2018 as well as the summoning order dated 12.07.2018 and the entire proceeding of Criminal Case No. 215 of 2021 (State vs. Riyazul Hasan and others) arising out of Case Crime No. 75 of 2017 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P.Act, P.S. Mahila Thana, District-J.P. Nagar (Amroha), pending in the court of Civil Judge (J.D.)/Fast Track Court II, J.P. Nagar (Amroha).

Learned counsel for the applicants submits that earlier the applicants have filed Criminal Misc. Application under Section 482 No. 1894 of 2021 (Riyazul Hasan and 2 others vs. State of U.P. and another) being aggrieved by the charge sheet in Criminal Case No. 8911 of 2020 arising out of Case Crime No. 53 of 2020 under SEction 506 IPC and 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, in which the matter was referred to the mediation centre attached to this Court wherein the parties have settled all their matrimonial disputes amicably. The mediated settlement was arrived at between the parties on 12.06.2022. On the basis of the said mediated settlement between the parties, the proceedings of such case were quashed on 09.11.2022. Learned counsel for the applicants further submits that in the aforesaid mediated settlement, the parties had agreed to get disposed of the

NA528 No. 39488 of 2025

2

proceeding of the instant case as well which is reflected in sub-clause (d) of Clause-6 of the settlement agreement between the parties. Accordingly, learned counsel for the applicants seeks quashing of the instant case.

Having regard to the same, issue notice to opposite party no.2.

Put up this matter on 18.11.2025 as fresh.

(Anish Kumar Gupta,J.)

October 13, 2025

Ashish Pd.

Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad