Neutral Citation No. - 2025:AHC:57957 Court No. - 75 Case :- APPLICATION U/S 482 No. - 28320 of 2023 Applicant :- Azad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shantanu Bhardwaj Counsel for Opposite Party :- G.A.,Mohit Kumar Singh,Sujata Choudhary Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Ms. Neha Khanna, Advocate holding brief of Mr. Shantanu Bhardwaj, learned counsel for the applicant, Ms. Sujata Choudhary, learned counsel for opposite party No.2 and Sri Pankaj Srivastava, learned A.G.A. for State. 2. The present application has been filed for quashing of the entire proceeding including charge-sheet dated 11.10.2018 as well as cognizance/summoning order dated 10.01.2019 in Criminal Case No. 351 of 2019 arising out of case crime no. 382 of 2017, under Sections 498-A, 323 I.P.C., P.S. Phalawada, District Meerut (State Vs. Azad and Others), pending in the court of learned Judicial Magistrate, Civil Judge (Junior Division), Fast Track Court, Meerut. 3. Facts giving rise to present controversy are that there was a matrimonial discord between the applicant and opposite party No.2 which has culminated into the impugned proceedings. 4. It is jointly submitted by the parties that this Court referred this matter to Mediation Centre, High Court Allahabad by order dated 04.08.2023 and parties have participated in the mediation proceedings which has resulted into successful mediation. 5. From the perusal of the mediation report, this Court finds that parties have settled their dispute and have reached to settlement agreement dated 07.11.2023 which has been annexed. Paragraph No. 6 of the settlement agreement is reproduced hereinunder:- "6) The following settlement has been arrived at between the Parties hereto: a) That the marriage of Azad (Applicant No.1-Husband) and Smt. Ashma (O.P. No.2- wife) was solemnized on 22.05.2006. Out of aforesaid wedlock, the parties have two daughters, namely, Joya and Juhi (at present aged about 14 years and 11 years respectively). Parties were living separately since 15.02.2017. b) That the parties decided to live separately and in this regard they have prepared a notorized Talaqnama dated 17.02.2023 and the same has already been submitted before the Hon'ble Court. The photo copy of which is being annexed to this settlement. c) That both the parties reaffirm and reiterate that all the terms and conditions has mentioned in the aforesaid Talaqnama and accordingly undertake to abide by the same. d) That it has been agreed between the parties that if the Hon'ble Court is pleases to allow the Application U/S 482 No.28320 of 2023, the O.P. No.2 will have no objection in any manner whatsoever. e) That it has been agreed between the parties that they shall not file any fresh case against each other in future regarding present matrimonial dispute. f) That it has been agreed between the parties that the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. g) That it has been agreed between the parties that that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse." 5. From the perusal of settlement, it appears that parties have decided to live separately and also withdraw the case filed against each other. Since parties have settled their dispute amicably through Mediation Centre, High Court Allahabad and settlement dated 07.11.2023 is also brought on record, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 6. 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 07.11.2023, the proceeding of the aforesaid case is hereby quashed. 7. The present petition is, accordingly, allowed. Order Date :- 18.4.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad