HIMANSHU BHATIA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/43430/2024 · 2025-09-17
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111510 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111510 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 43430 of 2024 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicants, Sri Jai Kishan, 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 charge sheet dated 11.1.2023 and cognizance order dated 16.4.2023 passed by Chief Judicial Magistrate, Bareilly including proceeding of Criminal Case No.2698 of 2023, State Vs. Himanshu Bhatia and others, arising out of Case Crime No.885 of 2022, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Izat Nagar, District Bareilly. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on
5.10.2024. 4. Learned counsel for the parties submits that the court below is vacant, as a result of the same, the verification of the compromise has not been made. 5. Learned counsel for the applicants and learned counsel for Versus Counsel for Applicant(s) : Anuj Kumar Singh, Raj Kumar Dubey, Subhash Chandra Dubey, Sudha Dubey Counsel for Opposite Party(s) : G.A., Jai Kishan Himanshu Bhatia And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the opposite party no.2 submits that the husband and wife are present before this Court and the verification may be made. 6. Himanshu Bhatia-applicant no.1 and Ms. Anamika-opposite party no.2 are present before this Court and identified by their respective counsels and have stated that the criminal proceedings of the present case may be quashed. 7. Learned AGA does not dispute the fact that parties have entered into settlement and submits 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 A482 No. 43430 of 2024 2
case any further as stated by them today before this Court and the fact that matter has been mutually settled between the parties in view of the compromise dated 5.10.2024, 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 present application is, accordingly, allowed. September 18, 2025 Bhaskar A482 No. 43430 of 2024 3 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad