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2025 DAILYLAW 61705 (ALL)

ARIF AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/19981/2025 · 2025-07-06

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106281 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 19981 of 2025 Applicant :- Arif And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Raj Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application has been filed by applicants for quashing the impugned cognizance order dated 31.08.2020 passed by Chief Judicial Magistrate, Agra in Case No.27760 of 2020 (State Vs. Arif and others) as well as impugned charge sheet dated 11.08.2020 submitted in Case Crime No. 187 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act and Section 3/4 The Muslim Women (Protection of Rights on Marriage) Act against applicant no.1 and under Sections 498A, 354, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act against applicant nos. 4, 5 and 6 and under Section 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act against applicant nos. 2 and 3, Police Station Tajganj, District Agra as well as entire criminal proceedings of Case No.27760 of 2020 (State Vs. Arif and others), pending before the court of Additional Chief Judicial Magistrate- 08, Agra, on the basis of compromise dated 24.09.2024 executed between the parties. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 24.9.2024 and the same has been verified by the court concerned on 9.4.2025, 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 24.9.2024, 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 528 BNSS is, accordingly, allowed. Order Date :- 7.7.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad