Neutral Citation No. - 2025:AHC:61227 Court No. - 75 Case :- APPLICATION U/S 482 No. - 38866 of 2024 Applicant :- Arun Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parmeshwar Yadav,Uttam Kumar Counsel for Opposite Party :- G.A.,Saif Mohammad Khan,Shahid Ali Siddiqui Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Uttam Kumar, learned counsel for the applicants, Sri Shahid Ali Siddiqui, learned counsel for the opposite party no. 2 and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present application has been filed to set-aside the order dated 04.09.2024 passed by court of Additional Civil Judge (J.D.), Room No. 7, Kanpur Nagar, District- Kanpur Nagar, as well as entire proceedings in Criminal Case No. 94569 of 2024, State Vs. Arun Kumar and others in Case Crime No. 100 of 2022, u/s 498-A, 323, 504, 506, 354 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Kanpur Nagar, pending in the court of Additional Civil Judge (J.D.), Room No. 7, Kanpur Nagar by which court of Additional Civil Judge (J.D.), Room No. 7, Kanpur Nagar has summoned the applicants u/s 498-A, 323, 504, 506, 354 I.P.C. and Section 3/4 of Dowry Prohibition Act in charge sheet no. 48 dated 03.07.2023 and charge sheet no. 48A. 3. Facts giving rise to the present controversy is that applicant no. 1 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings. 4. Learned counsel for the applicants as well as learned counsel for the opposite party no. 2 have jointly submitted that parties have settled their dispute amicably and in connected case which was filed by opposite party no. 2 against the proceeding initiated at the instance of applicant no.1, the matter was referred to Mediation Centre, High Court, Allahabad by this Court in Application U/S 482 No. 32644 of 2024 vide order dated 26.09.2024. In pursuance of the order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings and a settlement agreement dated 19.02.2025 was also entered into between the parties. 5. On perusal of report of Mediation Centre dated 19.02.2025 submitted in Application U/S 482 No. 32644 of 2024, a settlement agreement dated 19.02.2025 has been entered into between the parties who have decided to withdraw all the cases filed against each other including the impugned proceeding. Paragraph no. 7 of the settlement agreement dated 19.02.2025 is being quoted as under: "7. The following settlement has been arrived at between the Parties hereto:- (a) That the parties have already settled their dispute and decided to dissolve their marriage and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act, before the Principal Judge, Family Court, Kanpur Nagar, on 23.01.2025. The parties shall produce the certified copies of the aforesaid divorce petition and order-sheet at the time of hearing before the Hon'ble Court. The parties agree that they shall not resile from the settlement/divorce petition, in any manner whatsoever and take it to its logical conclusion without causing unnecessary impediment. (b) That the wife- Aishwarya Singh Urf Sadhna waived off her claim of permanent alimony including Stridhan and in this regard she has produced a notarized affidavit dated 19.02.2025, which is being annexed to this settlement for kind perusal of this Hon'ble Court. (c) That the Aishwarya Singh Urf Sadhna (Applicant No.1) has moved a withdrawal application in Case No.2552/2022 under Section 125 IPC in which an order dated 24.01.2025 passed by the Principal Judge, Family Court, Kanpur Nagar. Applicant No.1 shall produce the certified copy of the order dated 24.01.2025 at the time of hearing before the Hon'ble Court. (d) That it has further been agreed between the parties that the Case No. 38866/2024 pending before the Hon'ble High Court may also be quashed in view of the present settlement agreement. (e) That it has been agreed between the parties that all civil and criminal cases, if any, filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. (f) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also. (g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse." 6. Considering the fact that parties have settled their dispute and in a separate proceeding, matter was referred to Mediation Centre, High Court, Allahabad, wherein the parties have entered into a settlement agreement dated 19.02.2025 and as per the settlement agreement, parties have also decided to withdraw all the cases filed against each other including the impugned proceeding, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 19.02.2025, the proceeding of the aforesaid case is hereby quashed. 8. The present application is, accordingly, allowed. Order Date :- 21.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad