Neutral Citation No. - 2025:AHC:17258 Court No. - 78 Case :- APPLICATION U/S 482 No. - 24270 of 2019 Applicant :- Anurag Singhaulia @ Ankur And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Sri Shailendra Pratap Singh, learned counsel for the applicants and Sri Triveni Saran Rai, learned counsel for the State are present and have been heard. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Anurag Singhaulia @ Ankur, Ram Saran Singhaulia and Smt. Sarvesh Kumari with the prayer to quash the further proceeding of Complaint Case No. 1259 of 2017 under Section 498-A, 323, 504, 506 I.P.C. read with Section 3/4 D.P. Act, Police Station Civil Lines, District Budaun as well as non-bailable warrant dated 26.4.2019. 4. Fresh notice was issued to the opposite party no. 2 on the amended address vide order dated 07.08.2024. 5. As per office report dated 24.09.2024, notice has been served upon opposite party no. 2 personally. Despite service of notice, no one appears on behalf of the opposite party no. 2. 6. Learned counsel for the applicants argued that the present dispute is matrimonial in nature. The parties have settled the dispute amicably before the Mediation Centre, Auraiya and they have decided to separately and therefore the impugned proceedings of complaint case be quashed on the ground of settlement arrived at between the parties. 7. Learned counsel for the applicants has drawn attention of the Court to Annexure-5 of the affidavit being the order sheet of the proceedings before the Mediation Centre, Auraiya in Mediation Case No. 28 of 2018 (Anurag vs. Smt. Neelam Atal) and has submitted that the parties have entered into a settlement and have decided to get the cases decided on the basis of the said settlement. It is further submitted that Rs.3,50,000/- was to be paid to the wife in the case under Section 13-B of the Hindu Marriage Act pending before the Principal Judge, Family Court, Auraiya which has been paid to her as has been stated by her in her statement recorded on 30.05.2019 as P.W.-1 before the said Family Court. Copy of the said statement has been placed before the Court which is annexure-7. 8. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 9. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 10. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings of complaint case as well as N.B.W. as prayed for by the applicants. 11. The present application is allowed. 12. The impugned complaint case and N.B.W. are hereby quashed. (Samit Gopal,J.) Order Date :- 6.2.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad