Allahabad High Court
Nishant Pathak And 6 Others vs State Of U.P. And Another on 20 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2025:AHC:208199 HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6416 of 2025 Nishant Pathak And 6 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) :
Ashok Kumar Shukla Counsel for Opposite Party(s) :
G.A., Neeraj Shukla, Prabhakar Kumar Mishra, Shyam Shankar Mishra Court No. - 82 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Learned counsel for the applicant submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.
2. The relief which has been mentioned in the application is delineated below:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may be pleased to quash the entire proceeding including the impugned Charge sheet dated 27.07.2024 as well as Cognizance/Summoning Order dated 12.08.2024 passed by Learned Judicial Magistrate, Court No.1, Ballia in Case No.22025 of 2024 (State Versus Nishant Pathak and others) arising out of Case Crime No.145 of 2024 Under Sections 419, 420, 504, 506 of I.P.C., Police Station-Maniyar, District Ballia pending in the Court of Learned Judicial Magistrate, Court No.1, Ballia. It is further prayed that this Hon'ble Court graciously be pleased to stay the further proceedings of Case No.22025 of 2024 (State Versus Nishant Pathak and others) arising out of Case Crime No.145 of 2024 Under Sections 419, 420, 504, 506 of I.P.C., Police Station-Maniyar, District Ballia pending in the Court of Learned Judicial Magistrate, Court No.1, Ballia, during the pendency of the present application before this Hon'ble Court, otherwise the applicants shall suffer an irreparable loss and injury, and/or to pass such other further order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case."
3. The instant matter is connected with Application U/S 482 No.34072 of 2024 and Application U/S 482 No.36204 of 2024. Vide order dated 13.11.2024, the said matter was referred to Mediation and Conciliation Centre of this Court. In pursuance thereof, Registrar, AHCMCC has sent report dated 25.04.2025 in Application U/S 482 No.34072 of 2024 with an endorsement "Mediation Completed. Agreement enclosed." It appears that the parties have appeared before the Mediation and Conciliation Centre and settled the dispute between them and consequently, they entered into Settlement Agreement on 24.04.2025. The contents of said Settlement Agreement is reproduced below, which shall be treated as a part of this order: "(1) Disputes and differences had arisen between the parties hereto and Application U/s 482 No.34072 of 2024 along with Application U/S 482 No.36204 of 2024 was filed before the Hon'ble High Court. (2) The matter was referred to mediation/conciliation vide order dated 13.11.2024 passed by bench of Hon'ble Mrs. Manju Rani Chauhan, J. (3) The parties agreed that Mr. Ajay Kumar Mishra and Mr. Sandeep Saxena, Advocates, would act as their Conciliators/Mediators, in the Mediation Case No.0185 of 2025. (4) Several joint and separate meetings were held during the process of Conciliation/Mediation on 16.01.2025, 06.02.2025, 06.03.2025, 20.03.2025, 21.03.2025 and 24.04.2025 the parties have with the assistance of the Mediators/Conciliators voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences. (5) That the marriage between Shri Nishant Pathak (Husband) (S/o Applicant no.1) and Smt. Pratibha Pathak (O.P. no.2-wife) was solemnized on 20.11.2021. Out of the aforesaid wedlock, the parties have no children born. The parties started living separately since 30.08.2022. (6) The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator/Conciliator.
(7) In view of the Interim Settlement Agreement dated 21.03.2025, the following settlement has been arrived at between the parties in Application U/S 482 No.34072 of2024 and Application U/S No.36204 of 2024 hereto:-
a) That the interim settlement dated 21.03.2025 was entered into between the parties which shall form a part of this final Settlement and both shall be read in consonance with each other.
b) That in terms of Clause 7 (a) of the interim settlement dated 21.03.2025, the parties agreed to live separately and dissolve their marriage pursuant to which they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Ballia, which is registered as Case No. 224 of 2025. In the aforesaid matter, the date for second motion is fixed as 10.10.2025 by the Family Court, Ballia. Parties agree that they shall not resile from the aforesaid proceedings/petition in any manner whatsoever and both agree to take it to its logical conclusion. The parties shall produce the certified copy of the aforesaid divorce petition before the Hon'ble High Court at the time of hearing in the present case.
c) That in terms of clause 7 (b) of the interim dated 21.03.2025, the husband-Shri Nishant Pathak has agreed to pay a sum of Rs.16,00,000/- (Rs. Sixteen Lakh Only) to the O. P. No.2-wife which includes the Stridhan, permanent alimony and all that amounts of recovery that may be arising from any case or proceedings of any nature whatsoever. The O. P. No.2-wife agrees that after receiving the sum of Rs. 16 lakhs as agreed between the parties, she shall not claim any further amount/money under any head or any law from the husband-Shri Nishant Pathak as this satisfies all her financial claims against the husband-> Shri Nishant Pathak or his family members. The O. P. No.2-Smt. Pratibha Pathak also agrees that she shall have no right to stake any claim in the property of the husband or his family members.
d) That in terms of Clause 7 (b) (i), the husband-Shri Nishant Pathak had paid a sum of Rs.6,00,000 (Rs. Six Lakh Only) to the O. P. No.2-wife, in the form of demand draft bearing no. 490676 dated 27.03.2025 drawn on Punjab National Bank issued in favour of Pratibha Upadhyay, on the date of first motion of the petition under Section 13-B of the H.M. Act. O. P. No.2-wife acknowledges the receipt of the aforesaid payment by demand draft and she has put the draft in her bank account for encashment and the said amount had been credited in her account.
e) That both the parties agree and reiterate the terms of Clause 7 (b) (ii & iii) and Clause 7 (c) of the interim settlement dated 21.03.2025. The amounts agreed to be paid in this clause will be paid by the husband-Shri Nishant Pathak to the O. P. No.2-wife as and when this situation arise.
f) That todayfi.e. 24.04.2025, it has been further agreed between the parties that in one of the Complaint Case No. 583 of 2022 (Nishant Kumar Pathak vs. Pratibha Upadhyay), the O. P. No.2-Smt. Pratibha Upadhyay had filed an application under Section 24 of the Hindu Marriage Act in the proceedings initiated by Nishant Pathak in the proceedings under Section 11 of the H. M. Act. In this matter, certain amount of maintenance was granted by the Family Court which is pending recovery against the husband-Nishant Pathak. It has been agreed between the parties that whatever the amount may be there in pursuance of the order, the parties diluted that amount by agreeing on payment of sum of Rs.10,000/- (Rs. Ten Thousand Only) by means of a bank draft in the name of O. P. No.2-wife on the date of quashing of this petition in terms of clause 7 (b) (iii).
g) That it is also agreed that the recovery proceedings, if any, initiated by the O. P. No.2-wife shall be not pressed by her and she shall not claim any further amount in this regard.
h) That in terms of Clause 7 (d) of the interim settlement dated 21.03.2025, the goods agreed to be returned by the husband-Shri Nishant Pathak to the O. P. No.2-wife had been satisfactorily done.
i) That the parties agree that all the cases tabled below initiated by either side against each other or their family members shall be set-aside, withdrawn or got quashed in terms of this Settlement and parties initiating such case would render all possible help for conclusion of that case amicably. The details of the cases are as under:-
I. Case No. 583 of 2022, under Section 11 of the H.M. Act (Nishant Kumar Pathak vs Pratibha Upadhyay) pending in the Family Court, Ballia shall be withdrawn within a period of 15 days from today. In case, the O. P. No.2-Smt. Pratibha Upadhyay hs initiated any recovery proceeding in this matter, she shall also withdraw her proceedings, if any.
II. That the husband-Nishant Pathak had filed the First Information Report registered as Case No. 48 of 2024 (State vs. Pratibha Upadhyay), under Section 323, 504, 506, 494 LP.C., P.S.- Maniyar, District-Ballia, in this matter FR has been submitted by the police after investigation. It is agreed between the parties that the applicants shall submit before the Hon'ble Court to accept the IT FR in terms of this Settlement and conclude the matter as the parties have already entered into a compromise.
III. That Case Crime No. 29 of 2024 had been filed by Applicant No.3-Prashant Pathak (elder brother of Nishant Pathak). Husband-Shri Nishant Pathak has agrees and undertakes that his brother-applicant no.3 has agreed to withdraw this case crime no. 29/2024, registered under Section 323, 504, 506, 352 IPC., P.S. Kotwali. In the aforesaid case, parties inform that the charge-sheet has been filed in the matter and if the parties come to the High Court for quashing of this matter every possible help will be rendered by the complainant. In this matter, a Cross Crime No. 31 of 2024, P. S. Kotwali, District- Ballia had been filed by Vidya Sagar Upadhyay (brother of O. P. No.2-wife) against the Applicant NO.3-Prashant Pathak, in this matter also the charge-sheet has been filed in the Court. Parties agree that in case they have to file a petition before the Hon'ble High Court for quashing of this complaint case, every possible help will be rendered by the other side.
IV. That Case Crime No. 145 of 2024 (State vs. Nishant Pathak), under Sections 494, 419, 420, 504, 506, I.P.C., P. S. Maniyar, District-Ballia had been lodged against Nishant Pathak & 06 Others which is challenged by means of a Criminal Misc. Application U/S 528 BNSS No. 6416 of 2025. Parties agree that this charge-sheet may be prayed to be quashed in terms of this before the Hon'ble Court.
V. That complaint case no.194 of 2024 (Pratibha Devi vs. Nishant Kumar Pathak & 08 Others) have been filed by the O. P. No.2 before the J.M. Ist, Ballia, under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The O. P. No.2 agrees to withdraw this case within a period of 15 days and also agrees not to pursue it any further.
VI. That the Complaint Case No. 26 of 2024 (Smt. Pratibha vs. Nishant Kumar) had been filed by the O. P. No.2, under Section 125 Cr.P.C. The O. P. No.2 agrees to withdraw this case within a period of 15 days after filing the copy of this Settlement in the Court in terms of the Settlement already arrived at between the parties and financial considerations have already been settled which does not require any pronouncement of any judgment of the Court.
j) That the parties agree that in case any other litigation or proceedings had been initiated against each other or their family Members which is not tabled above, shall also be withdrawn, set-aside or got quashed in terms of this Settlement. Parties also agree that the party initiating the litigation does not withdraw the same, the Opposite Party shall have a right to file an application in terms of this Settlement annexing the copy thereof for setting-aside, quashing or withdrawal informing the Hon'ble Court that Settlement has been arrived between the parties and that case cannot proceed further. The parties or their family members initiating the litigation shall have not right to oppose the said application because of their inaction.
k) That the parties will not file any fresh case against each other or their family members in respect of this matrimonial dispute. They have no claim against each other in future also.
1) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement agreement otherwise the aggrieved party will be free to take legal recourse.
8 . By signing this Agreement the Parties hereto state that the Application U/S 482 No. 34072 of 2024 along-with Application U/S 482 No. 36204 of 2024 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation. 9. That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement. "
4. Today, when the matter is taken up, learned counsel for the applicant has handed over bank drafts of Rs.5,00,000 (five lakh) and Rs.10,000/- bearing nos.490731 and 490730 respectively, drawn in favour of Pratibha Upadhyay (O.P. no.2) to Sri Neeraj Shukla, and Sri Prabhakar Kumar Mishra, learned counsel for O.P. no.2. Photocopies of the bank drafts is taken on record. They have assured the Court that the drafts would be given to O.P. no.2 at the earliest possible.
5. Counsel for both the parties have jointly requested the Court that as the dispute has been settled between the parties and the applicant has paid the amount to O.P. no.2 as per Settlement Agreement dated 24.04.2025, therefore, the all the criminal proceedings initiated by O.P. no.2 against the applicants may be quashed. Learned counsel for O.P. no.2 made a categorical statement that in view of the aforesaid settlement agreement, O.P. no.2 does not wish to prosecute the case anymore.
6. In view of the aforesaid facts, since the parties have amicably settled their dispute and O.P. no.2 is not willing to prosecute the case any further, the present Application U/S 482 Cr.P.C.is liable to be allowed.
7. Accordingly, the present Application U/S 482 Cr.P.C. is allowed and entire proceedings including the impugned Charge sheet dated 27.07.2024 as well as Cognizance/Summoning Order dated 12.08.2024 passed by Learned Judicial Magistrate, Court No.1, Ballia in Case No.22025 of 2024 (State Versus Nishant Pathak and others) arising out of Case Crime No.145 of 2024 Under Sections 419, 420, 504, 506 of I.P.C., Police Station-Maniyar, District Ballia pending in the Court of Learned Judicial Magistrate, Court No.1, Ballia, is quashed.
(Praveen Kumar Giri,J.) November 20, 2025 Manish Himwan