Neutral Citation No. - 2025:AHC:87726 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17393 of 2025 Applicant :- Sandeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Singh,Ronak Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Vakalatnama and counter affidavit filed by Sri Navneet Kumar Shukla, Advocate on behalf of opposite party no. 2 are taken on record. 2. Heard learned counsel for the applicant, Sri Navneet Kumar Shukla, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 3. The present application has been filed by the applicant for quashing the proceedings of Criminal Appeal No. No. 04 of 2023 (Sandeep Vs. State of UP) pending in the court of Additional Sessions Judge/FTC II Bijnor and conviction order dated 03.01.2024 passed by Civil Judge (Junior Division)/FTC (Offences Against Women) in Criminal Case No. 1954 of 2019 (State Vs. Sandeep), arising out of Case Crime No. 179 of 2013, Police Station Mahila Thana, District Bijnor, under Section 498-A IPC and Section 3/4 Dowry Prohibition Act on the basis of verified compromise/settlement dated 26.04.2025. 4. Learned counsel for applicant submits that applicant was convicted by judgment dated 3.1.2024 passed by Civil Judge (Junior Division)/FTC (Offences Against Women) in Criminal Case No. 1954 of 2019 (State Vs. Sandeep), arising out of Case Crime No. 179 of 2013, under Sections 498-A IPC and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Bijnor. Learned counsel for the applicant further submits that against the aforesaid judgment of conviction, applicant has preferred an appeal before the Sessions Court and the same is pending consideration. During pendency of case, parties have entered into a compromise on 15.4.2024, which is annexed at page no. 27 of the paper book and the same has been verified by the court on 26.4.2025, which is annexed at page no. 28 of the paper book. 5. Learned counsel for opposite party no. 2 has filed counter affidavit confirming the compromise and stated that parties are living together. Learned counsel for opposite party no. 2 further submits that earlier, the name of opposite party no. 2 was Manu and after marriage her name is Ranjana. 6. Learned counsel for the parties submits that husband and wife are living together and as such it would be in the interest of justice that criminal proceedings may be quashed. 7. Learned counsel for applicant has further drawn attention of this Court to the previous order passed by this Court in Application under Section 482 No. 590 of 2025 (Sandeep Kumar Vs. State of U.P. and another) to submit that the legal position has been considered in the order dated 18.3.2025 between the same parties. Relevant portion of the order is quoted hereinbelow:- "6. From the legal position discussed above, it is clear that even after the conviction, non-compoundable cases which are not serious in nature can be quashed by the High Court in exercise of its power u/s 528 BNSS (corresponding Section 482 Cr.P.C.) even during the pendency of an appeal against the conviction. Therefore, there is no bar to quash the proceeding as well as conviction order on the basis of compromise if offence is not serious in nature. 7. In view of the above, the present application is disposed of with direction to the appellate court where the Criminal Appeal No. 04 of 2023 is pending to verify the aforesaid compromise entered into between the parties after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, the appellate court may permit the parties to obtain certified copy of the same." 8. 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. 9. 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 applicant ought to be prosecuted even after the parties has entered into a settlement. 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. 10. In view of the fact that compromise has been entered into between the parties post conviction, coupled with the fact that present case arises out of a matrimonial dispute and both the parties are residing together and 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 in Criminal Appeal No. 04 of 2023 (Sandeep Vs. State of UP) pending in the court of Additional Sessions Judge/FTC II Bijnor are hereby quashed and the order dated 03.01.2024 passed by Civil Judge (Junior Division)/FTC (Offences Against Women) in Criminal Case No. 1954 of 2019 (State Vs. Sandeep), arising out of Case Crime No. 179 of 2013, Police Station Mahila Thana, District Bijnor, under Section 498-A IPC and Section 3/4 Dowry Prohibition Act is set aside and quashed. 11. The present application under Section 528 BNSS is, accordingly, allowed. Order Date :- 23.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad