Ariz Vs State of U.P. and Another

Present application u/s 528 BNSS has been preferred with a prayer to allow the instant application and stay and quash the entire criminal proceeding of Session Case No.2259 of 2022 (State of U.P. Ariz) as well as charge sheet dated 12.06.2020 arising out of Case crime no.92 of 2020 under Section 147, 148, 149, 307, 323, 504, 506, 325 IPC and Section 92 R.P.W.D Act 2016, Police Station Narsaina District Bulandshahar pending in the court of learned Fast Track Court-III, District Bulandshahar, in terms of compromise entered between the parties..

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Learned counsel for the applicant as well as learned counsel appearing for opposite party no.2 jointly submit that on the request of parties the matter was referred to Mediation and Conciliation Centre of this Court and by the efforts of mediator 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 connected with the instant petition and all the disputes have been settled in terms of the agreement.

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It is also stipulated that the case filed by either parties against each other shall be deemed to have been decided in the light of the present settlement. The parties are not having any further claims or demands against each other and all the disputes and differences in this regard have been amicably settled by the parties.

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Highlighting the report of the Mediation Centre which has been placed on record and is also appended along with order sheet, it is submitted that proceedings of the instant case pending before the court below should be quashed. It is also admitted by learned counsel for opposite party no.2 that the terms of settlement have been complied by the parties and opposite party no.2 is not having any objection, if on the basis of settlement, case pending before trial court be quashed.

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Learned AGA would have no objection if dispute between the parties is settled through the course of mediation.

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Having heard learned counsel for the parties and having perused the record, it is evident that with regard to the above mentioned case

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NA528 No. 6288 of 2025

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2

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pending before learned court concerned in shape of Case Crime No. 92 of 2020, the instant application was moved by the applicant. However, 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 order sheet) wherein the terms and conditions of the settlement has been enumerated and it is categorically stated that the parties have settled the dispute and they do not want to prosecute each other and thus the prayer has been made by learned counsel for the applicant as well as opposite party no.2 to quash the proceedings pending before the court below.

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Since the mediation has been successful and report has been sent along with original settlement executed between the parties, 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 Session Case No.2259 of 2022 (State of U.P. Ariz) as well as charge sheet dated 12.06.2020 arising out of Case crime no.92 of 2020 under Section 147, 148, 149, 307, 323, 504, 506, 325 IPC and Section 92 R.P.W.D Act 2016, Police Station Narsaina District Bulandshahar pending in the court of learned Fast Track Court-III, District Bulandshahar, are hereby quashed and set aside only in respect of applicant herein.

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The settlement report of the Medication and Conciliation Centre shall be part and parcel of this order.

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Accordingly, the application filed by the applicant under Section 528 BNSS is allowed .

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September 17, 2025 Rakesh

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(Saurabh Srivastava,J.)

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Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad

Ariz v. State of U.P. and Another

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Ariz v. State of U.P. and Another

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