Neutral Citation No. - 2025:AHC:137855 Court No. - 76 Case :- APPLICATION U/S 482 No. - 9312 of 2024 Applicant :- Meenakshi Gupta And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Monika Vaish Counsel for Opposite Party :- Ashutosh Sharma,G.A.,Nitesh Kumar Jauhari Hon'ble Vikram D. Chauhan,J. 1. Heard Ms. Monika Vaish, the applicant no. 3 in person, Ms. Rafiqa Anish Khan, Advocate holding brief of Sri Ashutosh Sharma, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Case No. 11907 of 2020 (State Vs. Anish Gupta and Others), arising out of Case Crime No. 91 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Bithoor, District Kanpur Nagar, pending in the Court of Additional Chief Metropolitan Magistrate-Ist, Kanpur Nagar. 3. Learned counsel for the applicants submitted that mutual divorce decree order has been passed in Case No. 828 of 2024 by Principal Judge, Family Court, Kanpur Nagar vide order dated 07.10.2024 and in view of the divorce decree, the present case be finally decided. 4. 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. 5. Learned AGA does not dispute the fact that a mutual divorce decree has already been passed. 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 divorce decree there is virtually no chance of any conviction being recorded in the criminal proceedings. 6. 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 a divorce decree has been passed. Needless to observe that with the present stand of the parties in terms of their divorce decree, 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. 7. 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. 8. 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 divorce decree order dated 07.10.2024, no useful purpose would be served in proceeding with the matter further. 9. 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. 10. The present application under Section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 13.8.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad