Sabhajeet Singh and 2 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Sabhajeet Singh and 2 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive steps against the applicants for five months or till conclusion of mediation proceedings, whichever is earlier; directions to move an application for mediation before the court below, to be decided within a week, with the mediation centre to decide within four months; liberty to approach the High Court if mediation succeeds, with the court below free to proceed if it fails.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 1610 of 2024 under Sections 323, 504, 506, 452 I.P.C. and the summoning order dated 07.02.2026 passed therein should be quashed; applicants sought referral of the dispute between real brothers to mediation.

Court's answer

The applicant is directed to appear before the court below and move an application for settling the dispute through mediation; on such an application being filed, the court concerned shall pass an appropriate order within a week, and the mediation centre will decide the matter within a period of four months.

Ratio / Principle

For a period of five months or till conclusion of the mediation proceedings, whichever is earlier, no coercive steps shall be taken against the applicants in the above mentioned case.

Key takeaways

If the mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants; if mediation succeeds, the applicants shall be free to approach this Court.ratio¶13

Detailed headnote1 paragraphs

Application under S. 528 BNSS (No. 14678 of 2026) before the High Court of Judicature at Allahabad seeking quashing of the entire proceedings of Complaint Case No. 1610 of 2024 (Virendra Bahadur Singh Vs. Sabhajeet Singh and others) under Sections 323, 504, 506, 452 I.P.C., Police Station Mariahu, District Jaunpur, and the summoning order dated 07.02.2026 passed by the Additional Chief Judicial Magistrate, First, Court No.12, District Jaunpur. Counsel for the applicants contended that the dispute is between real brothers and there are chances of amicable settlement, urging referral to mediation. The Court directed the applicant to appear before the court below and move an application for settlement through mediation, with the court concerned to pass an appropriate order within a week and the mediation centre to decide within four months. Interim protection was granted: no coercive steps against the applicants for five months or till conclusion of mediation, whichever is earlier. If mediation fails, the court below is free to proceed; if it succeeds, the applicants may approach the High Court. Application disposed of (Dr. Gautam Chowdhary, J., April 20, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 14678 of 2026

Sabhajeet Singh And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Santosh Kumar Singh, Vikash Pathak : G.A.

Court No. - 82

HON'BLE DR. GAUTAM CHOWDHARY, J.

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

This application has been filed with a prayer to quash the entire proceedings of Complaint Case No. 1610 of 2024 (Virendra Bahadur Singh Vs. Sabhajeet Singh and others) under Sections 323, 504, 506, 452 I.P.C., Police Station Mariahu, District Jaunpur pending before learned Additional Chief Judicial Magistrate, First, Court No.12, District Jaunpur as well as to quash the summoning order dated 07.02.2026 passed in the aforesaid case.

The contentions raised by the applicants' counsel is that there is a dispute between real bother. There are chances of amicable settlement between the parties. Applicants' counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation.

In such circumstances, it is directed that the applicant shall appear before the court below and moves an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation centre will decide the same within a period of four months.

For a period of five months or till conclusion of mediation proceedings, whichever is earlier, no coercive steps shall be taken against the applicants in the above mentioned case.

It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants and in case mediation succeeds, the applicants shall

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NA528 No. 14678 of 2026

be free to approach this Court.

With the above observation, this application is disposed of.

(Dr. Gautam Chowdhary,J.)

April 20, 2026

S.Ali

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad