Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31505 of 2025 Court No. - 79 (SL No.44) HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Rakesh Tripathi I, learned counsel for the applicant and Ms. Harshita Rani, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Charge-sheet dated 04.06.2024 and Cognizance Order dated 19.09.2024 passed in Case No. 1112 of 2024 (State vs. Zubai and Others) arising out of Case Crime No. 10 of 2024 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Amroha, pending in the court of learned Civil Judge (Junior)/F.T.C.- Second, District- Amroha. 3. Learned counsel of the applicants submits that the opposite party no.2 is the wife of applicant no.3 herein. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. Being aggrieved by the charge- sheet and cognizance/summoning order passed against the the applicants the instant application was filed in the year, 2025 for quashing of the entire proceeding of the instant case on the basis of the compromise arrived at between the parties. 4. Vide order dated 25.08.2025, this Court has directed the parties to appear before the trial court concerned for verification of the compromise Versus Counsel for Applicant(s) : Rakesh Tripathi I Counsel for Opposite Party(s) : G.A. Zubair And 8 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
executed between the parties. In terms of the aforesaid order dated 25.08.2025, the parties appeared before the trial court concerned on 15.09.2025 and in presence of the parties the trial court has verified the said compromise between the parties. In view of the aforesaid compromise and settlement arrived at between the parties before Mediation and Conciliation Centre, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case in term of the said compromise/settlement. 5. Looking at the facts and circumstances of the case and its settlement and verification of the compromise, Ms. Harshita Rani, learned AGA, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein. 6. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case.
From the record of the case, it is apparent that the applicant no.1 is the husband of the opposite party no.2. There was some matrimonial discord between the parties which has been amicably settled amicably between the parties and compromise dated 30.07.2025 was executed which has been duly verified on 15.09.2025 by the trial court in terms of the direction issued by the earlier order. With the aforesaid compromise, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein and due to the aforesaid compromise there are very remote and bleak chances of the conviction of the applicants. Further, with the aforesaid settlement of matrimonial dispute, peace will prevail not only in the families of the parties but in society at large. 7. Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in Case No. 1112 of 2024 (State vs. Zubai and Others) arising out of Case Crime No. 10 of 2024 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police NA528 No. 31505 of 2025 2
Station- Mahila Thana, District- Amroha, pending in the court of learned Civil Judge (Junior)/F.T.C.- Second, District- Amroha, are hereby quashed. October 9, 2025 Shubham Arya NA528 No. 31505 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad