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2025 DAILYLAW 106633 (ALL)

VIKAS SINGH AND ANOTHER v. State of U.P. AND ANOTHER

A482/38286/2024 · 2025-09-23

Vikram D Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 38286 of 2024 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Learned counsel for the applicant has produced demand draft bearing no. 980974 dated 28th August, 2025 issued by the State Bank of India of Rs.3 lacs in favour of Alka Rani-opposite party no.2 towards final payment of settlement dated 15.03.2024. A photo copy of the same is kept on record. 1-A. Heard learned counsel for the applicants, Sri Rajiv Kumar Pal, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application has been filed for quashing the entire proceeding of Case No. 26325 of 2023 (State Vs. Vikas and others) in arising out of Case Crime No. 0496 of 2022 under section 498A, 323 I.P.C., and 3/4 D.P. Act 1961, Police Station-Medical College District-Meerut, including cognizance order dated 30-11-2023 and Charge Sheet dated 24-05-2023 on the basis of mutual consent of parties which is still pending in the Court of Chief Judicial Magistrate Meerut U.P. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 15.3.2024 and the same has been verified by the court concerned on 10.2.2025, therefore, the present case be finally decided. Learned counsel for the applicant has handed over the aforesaid demand draft to Sri Rajiv Kumar Pal, learned counsel for the opposite party no.2 towards final payment of settlement. Versus Counsel for Applicant(s) : Durgesh Kumar Counsel for Opposite Party(s) : G.A., Rajeev Kumar Pal Vikas Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Sri Rajiv Kumar Pal, learned counsel for the opposite party no.2 has received the aforesaid demand draft of Rs.3 lacs from learned counsel for the applicant today in Court and submits that he would have no objection if the criminal proceedings are quashed in view of the settlement dated 15.03.2024. 5. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further 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 case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the settlement dated 15.3.2024, 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 A482 No. 38286 of 2024 2 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 is, accordingly, allowed. September 24, 2025 Bhaskar A482 No. 38286 of 2024 3 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad