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2025 DAILYLAW 58326 (ALL)

SOHAN SINGH v. STATE OF U.P. AND ANOTHER

A482/40795/2023 · 2025-08-21

Vikram D Chauhan

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Judgment text

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Neutral Citation No. - 2025:AHC:145211 Court No. - 76 Case :- APPLICATION U/S 482 No. - 40795 of 2023 Applicant :- Sohan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed by applicant for quashing the entire criminal proceeding of Session Trial No.962 of 2023 (CNR No. JKJM010004902018) (State Vs. Sohan Singh), arising out of Case Crime No.199 of 2017, under Sections 307, 323, 498A IPC, Police Station Gandhi Nagar (Jammu), pending before the court of Additional District Judge/F.T.C., Hathras, on the basis of settlement agreement dated 31.05.2022, the same has been executed between the applicant as well as his wife, before the Mediation and Conciliation Center, High Court, Allahabad. 3. Learned counsel for the applicant submitted that the parties have entered into settlement by settlement agreement dated 31.5.2022 before the Mediation Centre of this Court and in view of settlement agreement, the present case be finally decided. 4. Learned AGA does not dispute the fact that parties have entered into settlement. 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 settlement agreement dated 31.5.2022 entered before the Mediation Centre , 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 case is hereby quashed. 9. The present application under Section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 22.8.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad