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2025 DAILYLAW 64022 (ALL)

INDRAJEET ALIAS RINKU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/19906/2025 · 2025-09-16

Vikram D Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19906 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants, Sri Rahul Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application has been filed for quashing the entire proceedings of the Criminal Case No. 1842 of 2023 (State Vs. Indrajeet & Others) under Sections 498A, 323, 504, 506 I.P.C. & 3/4 of D.P.Act, Police Station- Dhoomanganj, District- Prayagraj at present pending in the Court of Additional Chief Judicial Magistrate Court No.9, Allahabad including charge- sheet dated 23.10.2023, as well as, cognizance order dated 9.11.2023 and other process issued against the applicants arising out of Case Crime No.0411 of 2023, Under Sections 498A, 323, 504, 506 I.P.C.& 3/4 D.P. Act, Police Station- Dhoomanganj, District-Prayagraj on the basis of compromise settled between the parties on 05.03.2025. 3. In pursuance to the order dated 09.09.2025 opposite party no.2-wife/Mrs. Pooanm and applicant no.1-husband/Indrajeet @ Rinku are present before this Court and have been duly identified by their respective counsels. Versus Counsel for Applicant(s) : Kartikey Singh Counsel for Opposite Party(s) : G.A., Rahul Mishra Indrajeet Alias Rinku And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Opposite party no.2-Mrs. Poonam has stated that she is residing with applicant no.1-husband and does not want to proceed with the criminal proceedings in view of the compromise entered into between the parties. 5. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 05.03.2025, therefore, the present case be finally decided. 6. 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. 7. 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. 8. 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 NA528 No. 19906 of 2025 2 appropriate that the criminal case is put to an end. 9. In view of the statement made by both the parties and 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 05.03.2025, no useful purpose would be served in proceeding with the matter further. 10. 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. 11. The present application is, accordingly, allowed. September 17, 2025 S.Prakash NA528 No. 19906 of 2025 3 (Vikram D. Chauhan,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad