Neutral Citation No. - 2025:AHC:133990 Court No. - 76 Case :- APPLICATION U/S 482 No. - 38633 of 2018 Applicant :- Poonam And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepesh Kumar Ojha,Jayesh Kumar Pathak,Prakash Chandra Pathak,Saurabh Yadav Counsel for Opposite Party :- Dharmendra Kumar Mishra,G.A.,Rajeev Mishra Hon'ble Vikram D. Chauhan,J. 1. Heard Sri Deepesh Kumar Ojha, learned counsel for the applicants, Sri Rajeev Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. The present application has been filed by the applicants for quashing the entire proceedings of Case No. 72 of 2017 (Smt. Punita @ Ruchi Pathak Vs. Amit Pathak) under Sections 323, 504, 506, 498A I.P.C. and 3/4 D.P. Act, Police Station Sujanganj, District Jaunpur as well as summoning order dated 12.09.2018 passed by Judicial Magistrate-Ist, Jaunpur. 3. Learned counsel for the applicants submitted that mutual divorce decree order dated 15.7.2024 has been passed by the Family Court, which is annexed at page no. 14 of the supplementary affidavit 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 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. 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 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 15.07.2024, 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 is, accordingly, allowed. Order Date :- 7.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad