Neutral Citation No. - 2025:AHC:140075 Court No. - 76 Case :- APPLICATION U/S 482 No. - 42175 of 2024 Applicant :- Raj Kishor And 2 Others Opposite Party :- State of U.P. and Others Counsel for Applicant :- Nand Lal Yadav,Prem Chandra Counsel for Opposite Party :- G.A.,Lal Chandra Mishra Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants, Sri Lal Chandra Mishra, learned counsel for 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 criminal proceedings arising out of Case No. 3034 / IX / 2024, cognizance order dated 06.09.2024 in charge sheet No.01/24 dated 09.07.2024, Case Crime No.08 of 2024 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Banda, pending in the court of Civil Judge (Junior Division), IInd Banda. 3. Learned counsel for applicants submitted that the settlement has already been entered between the parties on 6.5.2025 before Mediaton Centre of this Court and therefore, 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. 4-B. Learned counsel for opposite party no.2 further submits that the entire amount of compromise has not been paid. 5. Learned counsel for applicants submits that a cheque has been deposited before the Family Court and would be released on disposal of the divorce petition. 6. Learned counsel for both the parties have agreed that the trial court may be directed to decide the divorce petition on the next date fixed or within one month. 7. Learned AGA does not dispute the fact that parties have entered into settlement before the Mediation Centre of this Court. 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. 8. 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. 9. 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. 10. 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 before the Mediation Centre of this Court, no useful purpose would be served in proceeding with the matter further. 11. 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. 12. The trial court is directed to decide the divorce petition by mutual consent within a period of one month from the date of production of a certified copy of this order without giving any adjournment to either of the parties. 13. The present application under Section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 18.8.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad