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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32593 of 2025 Court No. - 79 (Sl.No.180) HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Ms. Sakshi Srivastava, learned counsel for the applicant and Sri Akhilesh Kumar Srivastava, learned A.G.A. for the State.
2. The instant application has been filed seeking quashing of the charge sheet dated 07.09.2024 as well as the summoning
order dated 07.09.2024 and the entire proceedings of Case No. 667 of 2025 (State vs. Avinash Kumar), arising out of Case Crime No. 130 of 2024, under sections 498-A, 323, 504 IPC and 3/4 D.P. Act, P.S. Khiri, District Yamuna Nagar (Commissionerate Prayagraj), pending in the court of Judicial Magistrate-II, Allahabad.
3. Learned counsel for the applicant submits that there was a matrimonial dispute between the applicant and the daughter of opposite party no.2, due to which the instant FIR has been lodged by the opposite party no.2 against the applicant herein.
Learned counsel for the applicant submits that subsequent thereto after filing of the charge sheet, the parties have settled their disputes amicably. Thereafter the instant application was Versus Counsel for Applicant(s) : Rajesh Kumar Mishra, Sakshi Srivastava Counsel for Opposite Party(s) : Santosh Kumar Pandey, G.A. Avinash Tiwari .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
filed by the applicant seeking of the entire proceeding of the instant case on the basis of settlement of matrimonial disputes between the parties. Vide order dated 29.08.2025, this Court had directed the parties to appear before the trial court concerned for verification of the compromise dated
08.09.2025. As per report dated 22.09.2025 received from Judicial Magistrate, Praya, Room No.2, Prayagraj the compromise between the parties has been duly verified by the trial court vide order dated 22.09.2025. Copy of the order has also been annexed along with the supplementary affidavit and the affidavit in support of the compromise has also been filed by the parties concerned before the trial court. Thus, learned counsel for the applicant seeks quashing of the entire proceeding on the basis of the said compromise, which has been duly verified in presence of the parties by the trial court. 4. Learned AGA for the State does not oppose the prayer for quashing of the proceeding in view of the aforesaid compromise arrived at between the parties. 5. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that due to matrimonial dispute between the applicant and the daughter of opposite party no.2, which has been amicably settled between the applicant as the opposite party no.2 as well as the daughter of opposite party no.2. The parties have agreed to part their way and get their marriage dissolved. They have also agreed to withdraw the proceedings of the instant case. In view of the compromise entered into between the parties, there is remote and bleak chances of conviction of the applicant herein. With the aforesaid settlement, the peace will prevail in the society and continuance of the aforesaid criminal proceedings will not serve any fruitful purpose in view of the settlement of disputes between parties. 6.
In view of the aforesaid facts and in the light of the NA528 No. 32593 of 2025 2
judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed. 7. In view thereof, the instant application is accordingly allowed and the proceedings of Case No. 667 of 2025 (State vs. Avinash Kumar), arising out of Case Crime No. 130 of 2024, under sections 498-A, 323, 504 IPC and 3/4 D.P. Act, P.S. Khiri, District Yamuna Nagar (Commissionerate Prayagraj), are hereby quashed. October 14, 2025 Ashish Pd. NA528 No. 32593 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad