Neutral Citation No. - 2025:AHC:63143 Court No. - 75 Case :- APPLICATION U/S 482 No. - 29489 of 2023 Applicant :- Kamlesh Dixit And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Pandey,Madhusudan Dikshit Counsel for Opposite Party :- G.A.,Sharad Sharma Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Abhishek Pandey, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceedings of Case No.341 of 2011, arising out of case crime no.30 of 2009, under Sections-498A, 323, 504, 506 IPC and Section ¾ of Dowry Prohibition Act, Police Station- Mahila Thana, District-Rampur, and non bailable warrant dated 03.02.2023, pending in the court of Civil Judge (S.D.)/F.T.C., Rampur and also quash the impugned charge sheet no. 23/09 dated 16.11.2009. 3. Facts giving rise to the present controversy is that there is matrimonial discord between the applicants, who are the family members of husband of opposite party no. 2 and opposite party no.2 which has culminated into present proceedings. The husband of opposite party no. 2 has already died, 4. Learned counsel for the applicants has submitted that the applicants have challenged the F.I.R. of the impugned proceeding before this Court through Criminal Misc. Writ Petition No. 884 of 2011 in which the matter was referred to Mediation Centre, High Court, Allahabad vide order dated 18.01.2011. 5. The parties have appeared before the Mediation Centre to participate in the mediation proceedings and a settlement agreement dated 08.01.2013 was also entered into between the parties. Copy of the settlement agreement dated 08.01.2013 has been annexed at page 19 of the affidavit. Paragraph no. 6 of the settlement agreement dated 08.01.2013 is being quoted as under: "6. The following settlement has been arrived at between the parties hereto:- a. That in pursuance of supplementary interim settlement dated 16.10.2011, Mr. Bhim Sen Dixit has deposited Rs.44,000/- today. b. That on earlier, dates, Mr. Bhim Sen Dixit has already deposited Rs.2,25,000/- (two lac twenty five thousand) and same was received and acknowledge by Respondent No.4, Smt. Priyanka Dixit. c. That Smt. Priyanka Dixit (Resp No.4) has also received Rs.44,000/- (Forty four thousand) today i.e. on 8.01.2012 and she has acknowledge the same. d. That after receiving the amount of Rs. 2,69,000/- (two lacs sixty nine thousand only) six thousand has remain balance on Sri Bhim Sen Dixit. e. That Sri Bhim Sen Dixit states that he would deposited the amount of Rs. 6,000/- in account of Sri Harsh Gupta (local counsel of Smt. Priyanka Dixit) Rampur bearing account No. 2199191919827, Cannara Bank Rampur on 09-0-2012. f. That Smt. Priyanka Dixit states that after receiving the aforesaid amount she has no further any claim as maintenance or any other consistable amout to Sri Bhim Sen Dixit. g. That both the parties have agreed that they have withdraw their cases filed against each other before the competent court and in this respect they have move an withdrawal application within a period of one month from today. h. That Sri Bhim Sen Dixit has states that a case filed by her daughter Purnima Dixit before the ACJM IV, Saharanpur, in the aforesaid case Mr. Bhim Sen Dixit moved an withdrawal application within a month because she has not contested the aforesaid case." 6. Learned counsel for the applicants has submitted that the entire amount as decided in the settlement agreement dated 08.01.2013 has already been paid to the opposite party no.2. In pursuance thereof, opposite party no.2 has also filed an application before the court below on 18.08.2012 mentioning therein that she has settled the dispute with the applicants before the Mediation Centre, High Court, Allahabad, and she does not wish to continue the impugned proceeding and she may be permitted to withdraw the same. 7. As the parties have already settled their dispute amicably before Mediation Centre and settlement agreement dated 08.01.2013 has also been entered into between the parties and in pursuance of settlement agreement, opposite party no.2 has also filed an application before the court below that terms and conditions of the settlement agreement dated 08.01.2013 have been executed, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 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 08.01.2013, the proceeding of the aforesaid case is hereby quashed. 9. The present application is, accordingly, allowed. Order Date :- 23.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad