Neutral Citation No. - 2025:AHC:57319 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12851 of 2025 Applicant :- Munna Alias Sonu And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Chandra,Nitesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Supplementary counter affidavit along with Vakalatnama, filed by Sri Shailendra, learned counsel for opposite party No.2, is taken on record. 2. Heard Sri Vibhor Arora, Advocate brief of Sri Abhishek Chandra, learned counsel for the applicants; Shailendra, learned counsel for opposite party No.2, and Sri Sunil Kr. Kushwaha, learned A.G.A. for the State. 3. The instant application has been filed to quash the entire proceeding of case No. 16403 of 2016, case crime No. 52 of 2014, u/s 498A/406/34 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Buddh Nagar. 4. Facts giving rise to the present controversy is that the matrimonial discord between applicant No.1 and opposite party No.2 has culminated into the impugned proceeding. 5. Learned counsel for the applicant as well as opposite party No.2 jointly submit that the parties have settled their dispute before Delhi Mediation Centre, Karkardooma Courts, Delhi, in Case No. 50425 of 2015 and settlement agreement dated 15.10.2018 has been entered into between them. A copy of the settlement agreement dated 15.10.2018, entered into between the parties, has been annexed at page No. 48 of the affidavit. It is further submitted that the parties had also filed a divorce decree on 7.3.2014 which was allowed by the Family Court and divorce was granted on mutual consent. A request is, therefore, made that the impugned proceeding may be quashed on the basis of the aforesaid settlement agreement. 6. Learned A.G.A. has no objection and he submits that the parties have settled their dispute through mediation centre. 7. Considering the submissions of learned counsel for the parties and on perusal of the record, it is clear that by the settlement agreement dated 15.10.2018, the parties have settled their dispute before Delhi Mediation Centre, Karkardooma Courts, Delhi, in Case No. 50425 of 2015. Therefore, continuation of the impugned proceeding will be travesty of justice. Paragraph No.4 of the settlement agreement dated 15.10.2018 is quoted as under:- "4. It is agreed between the parties that the husband shall make payment of the settled amount to the wife as follows:- a) Rs. 1,50,000/- (Rs. One Lakh and Fifty Thousand only) by way of DD in the name of the wife /cash before the court concerned at the time of recording statement of the parties in first motion for divorce by mutual consent. b) Rs.1,50,000/- (Rs. One Lakh and Fifty Thousand only) by way of DD in the name of the wife before the court concerned /cash at the time of filing second motion petition. c) Rs. 1,50,000/- (Rs. One Lakh and Fifty Thousand only) by way of DD in the name of the wife/cash before the court concerned at the time of quashing of the abovesaid FIR and the husband shall file quashing petition within one month after grant of decree of divorce before Hon'ble High Court of Allahabad, UP and the complainant shall cooperate with the respondents in getting the abovesaid FIR quashed." 8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 15.102018, the proceeding of the aforesaid case is hereby quashed. 9. Accordingly, the application stands allowed. Order Date :- 17.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad