Neutral Citation No. - 2025:AHC-LKO:29194 Court No. - 29 Case :- APPLICATION U/S 482 No. - 7898 of 2017 Applicant :- Mohd. Azim Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Shamshad Ahmad Khan Counsel for Opposite Party :- Govt. Advocate,Ravindra Singh,Sharad Kumar Shukla Hon'ble Shree Prakash Singh,J. 1. Case called out in revised list. 2. None is present on behalf of the opposite party no. 2. 3. Heard Mr. Shamshad Ahmad Khan, learned counsel for the applicant, learned A.G.A. for the State-opposite party and perused the record. 4. The instant application under Section 482 Cr.P.C (Now Section 528 BNSS) has been filed with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned summoning order dated 28.07.2016 passed by the Judicial Magistrate-II, Lucknow in Crl. Case No.2895 of 2016 State Versus Mohd. Azim and the Charge Sheet No. 228 of 2015 dated 15-11-15 filed in Case Crime No. 10 of 2015 U/Ss 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, P.S. Gudamba, District Lucknow, as contained in Annexure no.1 & 2 respectively to this petition and further the entire criminal proceedings of Crl. Case No.2895 of 2016 State Versus Mohd. Azim pending before the court of Judicial Magistrate-II, Lucknow be also quashed. It is further prayed that during the pendency of the instant petition, further proceedings of Crl. Case No.2895 of 2016 State Versus Mohd. Azim may kindly be stayed in the interest of justice." 5. Learned counsel for the applicant submits that the instant matter pertains to matrimonial dispute. After lodging the FIR, the charge sheet was filed and the matter proceeded and challenging the charge sheet as well as the summoning order, the present application is preferred before this Court, wherein the matter was referred to the Mediation and Conciliation Centre of this Court and the parties appeared and they have amicably settled their dispute and a settlement agreement was also executed on 06.02.2018 between them. He submits that now the parties have settled their dispute, thus allowing further criminal proceeding against the applicant could amount to harassment and abuse of process of law, in view of the law laid down in the cases of B.S. Joshi and others Vs. State of Haryana and another, (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation, (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab, (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, the criminal proceeding against the applicant may be quashed. 6. On the other hand, learned A.G.A. appearing for the State has no objection to the contention aforesaid. 7. From perusal of the settlement agreement dated 06.02.2018 appended alongwith mediator's report, it is evident that the mediation completed and agreement enclosed and the parties have settled their dispute amicably. 8. In view of aforesaid facts and circumstances, the criminal proceeding of Criminal Case No.2895 of 2016 "State versus Mohd. Azim", arising out of Case Crime No. 10 of 2015, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Gudamba, District Lucknow, is hereby quashed. 9. The settlement agreement dated 06.02.2018 appended alongwith this application shall be the part of this order. 10. The matter is consigned to the record. 11. The application is allowed accordingly. Order Date :- 16.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench