Neutral Citation No. - 2025:AHC:84163 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16865 of 2025 Applicant :- Anshul Khandelwal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditi Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.,Pawan Kumar Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants, Sri Devesh Kumar Shukla, learned counsel holding brief of Sri Pawan Kumar, learned counsel for opposite party no. 2 and Sri Kamlesh Kumar Tripathi, learned AGA for the State. 2. The present application under Section 528 BNSS has been filed by the applicants for quashing the cognizance as well as summoning order dated 25-08-2020 and the prosecution of the applicants in Case No. 5004 of 2020, arising out of Case Crime No. 10 of 2020 (Anshul Khandelwal and others Vs. State of U.P.) under Sections 498A, 323, 504, 506, 406 I.P.C and 3/4 Dowry Prohibition Act, pending in the court of Civil Judge (Junior Division) / F.T.C.-1 Agra, Police Station Mahila Thana, District Agra. 3. Learned counsel for applicants submits that present matter arises out of matrimonial dispute and parties have settled the matter in the Court of Principal Judge, Family Court Central District, Tis Hazari, Delhi. The Family Court has accepted the settlement by order dated 3.8.2021 passed in HMA No. 100 of 2021, copy of which has been filed at page no. 60 of the paper book. Learned counsel for the applicants further submits that in view of settlement already been entered between the parties before the Family Court on 3.8.2021, therefore, the present case is liable to be quashed. 4. In view of the settlement, learned counsel for opposite party no. 2 states that informant has no objection in quashing of the FIR. 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 settlement dated 3.8.2021, 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 under Section 528 BNSS is, accordingly, allowed. Order Date :- 20.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad