HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37605 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1.Short counter affidavit filed by learned counsel for opposite party no.2, is taken on record. 1A. Heard learned counsel for the applicants, Sri Gambhir Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. The present application has been filed by applicants for quashing the entire proceedings of Case No.41959 of 2025 (State Vs. Sandeep and others) arising out of Case Crime No.17 of 2025 under Sections 85, 352, 115(2), 351(2) B.N.S. & Section 3/4 D.P. Act, Police Station Kanth, District Moradabad, charge sheet dated 27.03.2025, cognizance & summoning order dated 29.03.2025 passed by Additional Chief Judicial Magistrate, Court No.2, Moradabad in terms of compromise between the parties, pending before Additional Chief Judicial Magistrate, Court No.2, Moradabad. 3. Learned counsel for the applicants submitted that the compromise has been entered between the parties on 13.8.2025 before the Mediation Centre of this Court, copy of which has been filed at page 50 of the paper book and in view of the Versus Counsel for Applicant(s) : Amit Kumar Verma Counsel for Opposite Party(s) : G.A., Gambhir Singh Sandeep And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) same, the present case be finally decided. 4. Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed. 5. Learned AGA does not dispute the fact that parties have entered into settlement and submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 6. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 7. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 8. In view of the fact that the parties do not want to pursue the NA528 No. 37605 of 2025 2 case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 13.8.2025 entered into between the parties before the Mediation Centre of this Court, no useful purpose would be served in proceeding with the matter further. 9. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 10. The present application under Section 528 BNSS is, accordingly, allowed. September 25, 2025 D. Tamang NA528 No. 37605 of 2025 3 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad