HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 28981 of 2023 with APPLICATION U/S 482 No. - 29437 of 2023 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. Application u/s 482 No. 28981 of 2023 has been filed for quashing the cognizance/summoning order dated 02.12.2020 passed by M.M.X. Kanpur Nagar in Case No.32505 of 2020 (State vs. Shailesh Dwivedi and another) arising out of Case Crime No.69 of 2020 under Sections 498A, 323, 504, 506 IPC, P.S. Pheel Khana Kanpur Nagar, as well as, charge- sheet no.31 of 2020 dated 09.06.2020 and entire proceedings arising from the charge-sheet. 3. Application u/s 482 No.29437 of 2023 has been filed for quashing the Versus Counsel for Applicant(s) : Neeraj Agrawal Counsel for Opposite Party(s) : G.A. Versus Counsel for Applicant(s) : Neeraj Agrawal Counsel for Opposite Party(s) : G.A. Suresh Dwivedi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Suresh Dwivedi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) cognizance/summoning order dated 16.09.2020 passed by M.M.X. Kanpur Nagar in Case No.15246 of 2020 (State vs. Shailesh Dwivedi and another) arising out of Case Crime No.0159 of 2019 under Sections 498A, 323, 504, 506 IPC, P.S. Pheel Khana Kanpur Nagar, as well as, charge-sheet no.27 of 2020 dated 14.04.2020 and entire proceedings arising from the charge-sheet. 4. Learned counsel for the applicants submitted that the settlement agreement has already been entered between the parties before the Mediation Centre of this Court on 17.10.2023, therefore, the present case be finally decided. 5. Learned AGA does not dispute the fact that parties have entered into settlement agreement before the Mediation Centre of this Court. 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. 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 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 settled the dispute 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 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. A482 No. 28981 of 2023 2 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 settlement agreement dated 17.10.2023, 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 is, accordingly, allowed. September 22, 2025 S.Prakash A482 No. 28981 of 2023 3 (Vikram D. Chauhan,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad