Neutral Citation No. - 2025:AHC:134597 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 19419 of 2025 Applicant :- Avijit Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nipun Singh,Sumit Suri With Case :- APPLICATION U/S 482 No. - 40835 of 2023 Applicant :- Avijit Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nipun Singh,Sumit Suri Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. The present applications filed under Section 528 BNSS and under Section 482 Cr.P.C. are being hereby decided by a common judgment and order. 1-A. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. Application No. 19419 of 2025 has been filed for quashing the entire proceedings of Case No.670 of 2023 (State Vs. Avijit Singh) arising out of Case Crime No.02 of 2023, under Sections 498-A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bithauli, District Etawah, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Etawah in view of the settlement dated 04.02.2025 arrived at between the parties and Application No. 40835 of 2023 has been filed for quashing the impugned charge sheet dated 11.06.2023 and the impugned cognizance/summoning order dated 16.06.2023 passed by Additional Chief Judicial Magistrate, Court No.4, Etawah in Case No. 670 of 2023 (State Vs. Avijit Singh) arising out of Case Crime No. 02 of 2023, under Sections 498-A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bithauli, District Etawah and as well as the entire proceedings of Case No. 670 of 2023 (State Vs. Avijit Singh) arising out of Case Crime No. 02 of 2023, under Sections 498-A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bithauli, District Etawah, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Etawah. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 14.7.2025 and the same has been verified by the court concerned on 14.7.2025, therefore, the present case be finally decided. 4. 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. 5. 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. 6. 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. 7. 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 compromise dated 14.7.2025, no useful purpose would be served in proceeding with the matter further. 8. 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 cases are hereby quashed. 9. The present applications are, accordingly, allowed. Order Date :- 8.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad