Court No. - 75 Case :- APPLICATION U/S 482 No. - 2257 of 2024 Applicant :- Aslam And 6 Oters Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- Ansar Ahmad,G.A.,Sandhya Chaturvedi Hon'ble Vikram D. Chauhan,J. 1. Heard learned Counsel for the applicants and learned A.G.A for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of charge sheet dated 13.12.2022 and summoning order dated 3.2.2023 passed by Additional Civil Judge (Jr. Div.), Bidhuna, Auraiya as well as entire proceedings of Criminal Case No.153 of 2023, State Vs. Aslam and others, arising out of Case Crime No.573 of 2021, under Sections 498A, 506 I.P.C., Police Station Bidhhuna, District Auraiya. 3. This Court on 7.2.2024 passed the following order:- "1. Heard learned counsel for the applicants and learned A.G.A for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned charge sheet no. 404 of 2022 dated 13.12.2022 submitted against the applicants in Case Crime No. 573 of 2021 under Sections 498A, 506 IPC and 3/4 D.P. Act, Police Station Bidhuna, District Auraiyya and also to quash the entire proceedings of Criminal Case No. 153 of 2023 (State Vs. Aslam and others) arising out of Case Crime No. 573 of 2021 under Sections 498A, 506 IPC and 3/4 D.P. Act, Police Station Bidhuna, District Auraiyya pending in the court of Additional Civil Judge, (Jr. Div.), Bidhuna, District Auraiyya as well as to quash the cognizance/summoning order dated 03.02.2023 passed by the learned Additional Civil Judge, (Jr. Div.), Bidhuna, District Auraiyya. 3. Learned counsel for respondent no. 2 on instructions submits that the wife is ready to join the matrimonial house along with the husband and at present she is living at her parental home. 4. Learned counsel for the applicants on instructions submits that the husband is also ready to take the wife along with him. 5. Considering the stand taken by both the parties the applicant no. 1 shall within ten days from today take the wife from her parental home and keep her with dignity and honour at his house. Both the parties shall maintain peace and tranquility and shall share their experience with the Court for living together through their counsel on the next date. 6. List this case on 29.2.2024 as fresh. 7. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case." 4. Learned counsel for the applicants as well as learned counsel for the opposite party no.2 submits that in pursuance to the order dated 7.2.2024 both the husband and wife are living together and they do not want to pursue the criminal case. In this respect, joint affidavit dated 14.5.2024 has been filed by the husband and wife. 5. Today, learned counsel for the applicants and learned counsel for the opposite party no.2 submits that the husband and wife are living peacefully together and they do not wish to pursue the criminal case. 6. Learned A.G.A. 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. 7. 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. 8. 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. 9. 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 joint affidavit dated 14.5.2024 , no useful purpose would be served in proceeding with the matter further. 10. 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. 11. The present application under Section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 19.5.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad