Neutral Citation No. - 2025:AHC:115801 Court No. - 76 Case :- APPLICATION U/S 482 No. - 28654 of 2023 Applicant :- Ashish Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey,Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A. With Case :- APPLICATION U/S 482 No. - 444 of 2024 Applicant :- Ashish Singh Opposite Party :- State Of U.P. & Others Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.,Nimesh Kumar Shukla,Vinod Kumar Tirpathi Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. Application No. 28654 of 2023 has been filed by the applicants for quashing the further proceeding of Complaint Case No. 79 of 2022 (Jitendra Pratap Vs. Ashish Singh), under Section 138 Negotiable Instruments Act, Police Station Kotwali, District Jaunpur, pending in the court of Chief Judicial Magistrate, Jaunpur and also quash the order dated 05.04.2022 passed by Civil Judge(J.D.)/Judicial Magistrate (Crime Against Women), Jaunpur and Application No. 444 of 2024 has been filed by the applicant for quashing the entire proceeding of Criminal Case No. 1345 of 2023 (State Vs. Ashish Singh) arising out of Case Crime No. 66 of 2023, under Sections 406 and 420 I.P.C., Police Station Kotwali, District Jaunpur as well as charge sheet dated 07.05.2023 and cognizance/summoning order dated 16.08.2023 pending before Chief Judicial Magistrate, Jaunpur. 3. Learned counsel for the applicants submitted that settlement agreement has already been entered between the parties on 11.3.2025 at the Allahabad High Court Mediation and Conciliation Centre, therefore, the present case be finally decided. 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 civil nature 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 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 in view of the settlement agreement dated 11.3.2025, 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 cases is hereby quashed. 9. The present application is, accordingly, allowed. Order Date :- 17.7.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad