Neutral Citation No. - 2025:AHC-LKO:6522 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11402 of 2024 Applicant :- Mohd. Hafeez And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And 3 Others Counsel for Applicant :- Mayur Gautam Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. As per office report dated 29.01.2025, service of notice upon opposite party Nos.3 & 4 is sufficient. However, no one puts in appearance on behalf of opposite party Nos.3 & 4. 2. Taking note of the aforesaid as also the copy of the settlement agreement dated 05.12.2023 entered between the parties before Mediation and Conciliation Centre of this Court annexed as Annexure No.4, this Court proceed to dispose of the present application finally. 3. Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record. 4. The present application has been filed with the following prayer:- "To quash the summoning order dated 11.07.2023, chargesheet and F.I.R. no. 0041 of 2022 and subsequent proceedings of case no. 14068 of 2023 (State of U.P. versus Mohd. Hafeez and others) under sections 498-A, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act 1961, pending before Additional Civil Judge II (JD) Court no. 19 Raebareli relating to Crime No. 14068/2023 of Police Station Inhauna, District Amethi." 5. From perusal of record, it appears that on account of matrimonial dispute/ discord, an FIR was lodged by opposite party No.3, father of opposite party No.4, making allegations therein to the effect that opposite party No.4 was subjected to cruelty on account of non- fulfillment of demand of dowry by her husband and other family members namely Mohd. Haseeb (father-in-law), Asiya Bano (mother- in-law), Sufiya (sister-in-law) and Asra (sister-in-law). The Investigating officer after investigation submitted the Charge Sheet No.1 dated 11.03.2023 under Sections 498-A, 504, 506 I.P.C. and 3/4 D.P. Act. 6. It is stated that challenging the F.I.R., a Criminal Misc. Writ Petition No. 5540 of 2023 (Mohd. Hafeez and others Vs. State of U.P. and Others) was filed and taking note of the nature of dispute between the parties, the matter was referred to Mediation and Conciliation Centre of this Court vide order dated 26.07.2023 passed in the said petition by a Division Bench of this Court. 7. Before the Mediation and Conciliation Centre, the parties settled their dispute, which is apparent from Annexure No.4, a copy of the Settlement Agreement entered between the parties before Mediation and Conciliation Centre of this Court at Lucknow. The relevant portion of the Settlement Agreement is extracted hereinunder:- "6. The following settlement has been arrived at between the Parties hereto: A) That the parties namely Mohd. Hafeez and Aiyashu Bano agreed to dissolve their marriage and live separately in future. Accordingly the parties have agreed to take necessary step for taking divorce from each other. B) That the First Party agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a sum of Rs. 4,75,000/- (Rupees Four Lacs Seventy Five Thousand) towards one time full and final settlement of all the claims of the Second Party including the claim for permanent alimony and mehar against the First Party Accordingly the First Party has handed over today i.e. 05.12.2023 a Demand Draft No. 849990 dated 18.11.2023 drawn on Punjab National Bank towards the payment of Rs. 4,75,000/- (Rupees Four Lacs Seventy Five Thousand). The Second Party acknowledges receipt of the said Demand Draft. C) That the parties have agreed that the daughter born on 13.10.2022 with the wedlock of the parties namely Mohd. Hafeez and Aiyasha Bano at Sufi Hospital, Badi Nagar, Lucknow Road, Inhauna, Amethi shall remain with her father (Mohd Hafeez) in his good care. The Birth Certificate issued from the said hospital has also been handed to Mohd. Hafeez by Aiyasha Bano today i.e. 05.12.2023. D) That the Second Party has agreed that she will have no objection if the Hon'ble Court decides the CRIMINAL MISC. WRIT PETITION No. 5540 of 2023 (Mohd. Hafeez And Others Vs. State of U. P. & Another) arising out of Case Crime No. 0041 of 2022, under sections 498A, 504, 506 1.P.C and Section 3/4 Dowry Prohibition Act, Police Station-Inhauna, District-Amethi in terms of this settlement agreement. E) In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. F) That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any malicious prosecution, in the form of any criminal or civil proceedings against each other, or any of their relative or family members, in future in respect to the present dispute or any matter incidental there to and if any proceeding has already been initiated the same would stand disposed off in terms of this Settlement Agreement. G) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above, such act shall entail appropriate legal action." 8. It is further stated that in view of the aforesaid, the pending proceedings in issue be set aside. 9. 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. 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. 10. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of F.I.R./ Case Crime No. 0041 of 2022, indicated above, are hereby quashed qua the applicants in terms of settlement agreement. 11. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 30.1.2025 G. Singh/ Anand Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench