1 Neutral Citation No. - 2025:AHC-LKO:46827 Court No. - 11 Case :- APPLICATION U/S 482 No. - 8901 of 2023 Applicant :- Shariq And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Neeraj Kumar Mishra,Girish Kumar Pandey Counsel for Opposite Party :- G.A.,Abhishek Singh,Akash Deep Singh,Amrendra Singh Somvanshi,Swatantra Pratap Singh,Vishnu Singh Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for the following main relief (s) :- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Complaint Case No.13495 of 2022 "Iram Versus Shariq and others" Under Sections 498-A, 323 I.P.C. and Section 4 Dowry Prohibition Act, Police Station- Shahabad, District-Hardoi pending in the Court of Additional Chief Judicial Magistrate, IV, District-Hardoi and impugned B.W. order dated 10.8.2023 and impugned summoning order dated 23.3.2023 contained in Annexure No.1 and 2 to the accompanying affidavit, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the Complaint Case No. 13495 of 2022 "Iram Versus Shariq and others" Under Sections 498-A, 323 I.P.C. and Section 4 Dowry Prohibition Act, Police Station- Shahabad, District- Hardoi pending in the Court of Additional Chief Judicial Magistrate, IV, District-Hardoi, in the interest of justice." 3. It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 20.09.2023 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. 4. It also appears that in compliance of order of this Court dated 20.09.2023, a SETTLEMENT AGREEMENT has been entered into 2 between the parties on 18.03.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. 5. The relevant contents of the SETTLEMENT AGREEMENT are extracted hereunder:- "A) That both the parties solemnized their marriage on 28.01.2018 and now they have agreed to live separately in future and dissolve their marriage with mutual consent, accordingly the parties have jointly executed a Talaqnama dated 18.03.2025 before Markazi Darul Qaza U. P. Under Supervision of Muslim Personal Law Board, Nadwatul Ulama Tagore Marg, Lucknow. B) That the First Party/husband has agreed to pay and the Second Party/wife has agreed to receive a total sum of Rs. 12,00,000/-(Rupees Twelve Lakhs only) towards one time full and final settlement of all the claims of Second Party against the First Party including the claim for permanent alimony. C) That the First Party has handed over two Demand Drafts to the Second Party today i.e.18.03.2025 towards aforesaid payment of Rs. 12,00,000/-(Rupees Twelve Lakhs only). The details of the Demand Drafts are mentioned hereunder: (I) D. D. No.764439 dated 01.03.2025 amounting to Rs. 6,00,000/- (Rupees Six Lakhs only) drawn on Indian Bank Allahabad. (II) D. D. No.032406 dated 07.03.2025 amounting to Rs.6,00,000/- (Rupees Six Lakhs only) drawn on Bank of India, shahabad Branch Hardoi. D) That the First Party has agreed to return a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the Second Party given at the time of their marriage towards iddat within one week from today through NEFT/RTGS. E) That out of the wedlock of the the parties a daughter was born and the parties have agreed that the daughter shall remain in the custody of Second Party. F) That the parties have agreed to withdraw/ not pursue the cases filed by them against each other and their family members and they shall have no objection if the Competent Court decides the cases in terms of this settlement agreement. The details of the cases are as under. (I) Complaint Case No.13495 of 2022 U/Ss 498A, 323 I.P.C. and Section 3/4 D. P. Act, Police Station-Shahabad, District-Hardoi. (II) Criminal Case No.533 of 2022 U/S 125 Cr. P. C. pending before Principal Judge Family Court, Hardoi. (III) Case U/S 12 of D. V. Act filed by the Second Party. 3 (IV) Case U/S 156 (3) filed by the First Party. G) That the Second Party has agreed that she will have no objection if the APPLICATION U/s 482 No.8901 of 2023 (Shariq & Others Vs State of U.P. & Another) emanating from Complaint Case No.13495 of 2022 U/Ss 498A, 323 I.P.C. and Section 3/4 D. P. Act, Police Station- Shahabad, District-Hardoi is decided by the Hon'ble Court in terms of this settlement agreement. H) The parties have agreed that apart from mentioned cases, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed of in terms of this Settlement Agreement. I) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. J) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court. 7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No.8901 of 2023 (Shariq & Others Vs State of U.P. & Another) and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation." 6. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. 4 State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. 7. Accordingly, present application is allowed. Consequently, the entire proceedings of Complaint Case No.13495 of 2022 (Iram Versus Shariq and others), under Sections 498-A, 323 I.P.C. and Section 4 Dowry Prohibition Act, Police Station - Shahabad, District-Hardoi, pending in the Court of Additional Chief Judicial Magistrate, IV, District-Hardoi, quoted above, are hereby quashed qua the applicants, in terms of settlement. 8. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 11.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench