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2025 DAILYLAW 36301 (ALL)

ANKIT MALHOTRA v. STATE OF U.P. AND ANOTHER

A482/25214/2023 · 2025-08-07

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134731 Court No. - 76 Case :- APPLICATION U/S 482 No. - 25214 of 2023 Applicant :- Ankit Malhotra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Mani Singh,Praveen Kumar Singh Counsel for Opposite Party :- Ajay Pratap Singh,G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard Sri Praveen Kumar Singh, learned counsel for the applicant, Sri Ajay Pratap Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. The present application has been filed by the applicant for quashing the entire proceedings of S.T. No. 617 of 2023, arising out of Case Crime No. 36 of 2023, under Sections 354, 376, 506 I.P.C. and Section 67 of Information of Technology Act, P.S. Govind Nagar, District Kanpur Nagar (State Vs. Ankit Malhotra) as well as charge sheet dated 04.04.2023 and cognizance order dated 13.04.2023 passed by Additional Civil Judge (Junior Division), Court No. 9, Kanpur Nagar, pending in the court of Additional District Judge, Court No. 20, Kanpur Nagar. 3. Learned counsel for the applicant and learned counsel for opposite party no. 2 submits that matter has been settled between the parties and criminal proceedings be quashed as confirmed by paragraph no. 11 of the short counter affidavit dated 16.7.2023. 4. 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. 5. 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 applicant 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. 6. 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. 7. 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 as confirmed by paragraph no. 11 of the short counter affidavit dated 16.7.2023, no useful purpose would be served in proceeding with the matter further. 8. 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. 9. The present application is, accordingly, allowed. Order Date :- 8.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad