Neutral Citation No. - 2025:AHC:137184 Court No. - 89 Case :- APPLICATION U/S 482 No. - 1958 of 2024 Applicant :- Monu Mishra Opposite Party :- State Of U.P. 2 Others Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- Anant Prakash Mishra,G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Shri Suneel Kumar Mishra, learned counsel for the applicant, Shri Anant Prakash Mishra, learned counsel for the opposite party no. 2 and 3 and Shri B.P. Singh, learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 15.03.2017 in Special Session Trial No. 1144 of 2022 (State versus Monu Mishra) arising out of Case Crime No. 01 of 2017 registered under Sections 323, 504, 506, 147, 148, 308 of I.P.C., Police Station-Mirzamurad, District- Varanasi pending in the court of Special Judge (POCSO Act)-II, Varanasi on the basis of compromise held between the parties. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 22.11.2023 and the same has been annexed as Annexure No. 7 of the paper book. It has been further submitted that in another Application U/S 482 No. 2838 of 2023, vide order dated 29.04.2024 the Coordinate Bench of this Court has already quashed the proceedings wherein the present applicant was also contesting. 4. Learned counsel for opposite party no. 2 and 3 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 applicant and the same may be quashed. 5. Learned A.G.A. 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 dispute between neighbours; 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, being the close relatives, 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 compromise dated 22.11.2023, 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 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 under Section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 11.8.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad