Neutral Citation No. - 2025:AHC:143821 Court No. - 76 Case :- APPLICATION U/S 482 No. - 10731 of 2023 Applicant :- Ankur Snehi Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- Atul Kumar Tiwari,G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants, Sri Atul Kumar Tiwari, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application has been filed for quashing the charge sheet/entire criminal proceeding dated 21.11.2022 in Criminal Case No.266 of 2023, State Vs. Bhagwati Shehi and others, in Case Crime No.0257 of 2022, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Hapur Nagar, District Hapur as well as summoning order dated 5.1.2023 passed by Chief Judicial Magistrate, Hapur. 3. Learned counsel for the applicants submitted that on mutual consent of the parties application filed under Section 13B of Hindu Marriage Act has been decided vide order dated 3.9.2024, therefore, the present case be finally decided. 4. Sri Atul Kumar Tiwari, learned counsel for opposite party no.2 submits that the divorce decree by mutual consent has been passed and he would have no objection in the event, the present criminal proceedings are quashed. 5. It is submitted by learned A.G.A. 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 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. 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 order 3.9.2024 passed on application filed under Section 13B of Hindu Marriage Act, 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 is, accordingly, allowed. Order Date :- 21.8.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad