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2025 DAILYLAW 61952 (ALL)

ROHIT KOCHAR AND ANOTHER v. STATE OF U.P, AND ANOTHER

NA528/18931/2025 · 2025-08-22

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145835 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 18931 of 2025 Applicant :- Rohit Kochar And Another Opposite Party :- State Of U.P, And Another Counsel for Applicant :- Ashish Dwivedi 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. This application has been filed for quashing the charge-sheet no. 745 of 2020 dated 08.10.2020 as well as cognizance order dated 19.10.2021 and the entire proceeding of criminal case no.14046 of 2021 (State Vs. Rohit Kochar and another), under section 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station-Izzatnagar, District Bareilly, arising out of case crime no. 35 of 2020, pending before learned Chief Judicial Magistrate, Bareilly on the basis of compromise deed dated 28.01.2025. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 28.01.2025 and the same has been verified by the court concerned on 10.07.2025, 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 28.01.2025, 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 case is hereby quashed. 9. The present application is, accordingly, allowed. Order Date :- 23.8.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad