Neutral Citation No. - 2025:AHC:107715 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 11269 of 2025 Applicant :- Deepak Chaudhari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Maniji Bakhshi Counsel for Opposite Party :- Pankaj Kumar Rai,G.A. With Case :- APPLICATION U/S 482 No. - 18634 of 2024 Applicant :- Renu Chaudhary And 3 Others Opposite Party :- State Of U.P. Through Secretary Home At Lucknow And Another Counsel for Applicant :- Avadh Narayan,Rajendra Kumar Ratnakar Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Learned counsel for the applicant in Application under Section 528 BNSS No. 11269 of 2025 is permitted to make necessary correction in the prayer clause of the application during the course of the day. 2. Heard learned counsel for the applicants, Sri Pankaj Kumar Rai, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 3. The present application has been filed by the applicant in Application under Section 528 BNSS No. 11269 of 2025 for quashing the entire proceeding as well as the impugned cognizance and summoning order dated 27.03.2024 passed by Chief Judicial Magistrate, Ballia in Criminal Case Nо. 1722 of 2024 (State Vs. Deepak Chaudhary and others) and charge sheet dated 01.02.2024, under Sections 498-A, 308, 323, 313, 406, 506 Indian Penal Code, Police Station Kotwali, District Ballia arising out of first information report dated 22.09.2023 in Case Crime No. 517 of 2023 under Sections 498-A, 308, 323, 313, 406, 506 Indian Penal Code, Police Station Kotwali, District Ballia and by the applicants in Application under Section 482 Cr.P.C. No. 18634 of 2024 for quashing the entire proceeding in Case No. 1722 of 2024 (State Vs. Deepak Chaudhary and others) arising out of Case Crime No. 517 of 2023, Under Sections 498-A, 308, 323, 313, 504, 506 I.P.C., and 3/4 D.P. Act, Police Station Kotwali, District Ballia, pending in the court of Chief Judicial Magistrate Ballia including the charge sheet dated 01.02.2024 as well as cognizance order dated 27.03.2024 and summoning order dated 29.04.2024. 4. Learned counsel for the applicants submitted that settlement agreement has already been entered into between the parties on 15.05.2025 before the Mediation and Conciliation Centre of this Court, therefore, the present case be finally decided. 5. Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed. 6. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted 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 settlement agreement dated 15.5.2025, 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 applications are accordingly, allowed. Order Date :- 8.7.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad