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2025 DAILYLAW 66686 (ALL)

SHAMS HAIDAR AND 3 OTHERS v. State of UPAND ANOTHER

A482/17728/2024 · 2025-06-30

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101711 Court No. - 76 Case :- APPLICATION U/S 482 No. - 17728 of 2024 Applicant :- Shams Haidar And 3 Others Opposite Party :- State Of Upand Another Counsel for Applicant :- R. A. Ram,Shyam Chandra Counsel for Opposite Party :- Abrar Ahmad,G.A.,Imran Ali,Sarfaraj Ahamad Siddiquei,Siddarth Jaiswal Hon'ble Vikram D. Chauhan,J. 1. Heard Sri Santosh Kumar Singh, Advocate holding brief of Sri R.A. Ram, learned counsel for the applicants, Sri Sarfaraj Ahmad Siddiqui, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding in Case No.403 of 2022, State Vs. Shams Haidar and others, arising out of Case Crime No.42 of 2022, under Section 498-A, 323, 506, 342, 354 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Prayagraj as well as charge sheet dated 2.9.2022 and cognizance order dated 19.10.2022 pending in the court of Additional Civil Judge (Junior Division), Court No.21, Allahabad. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties through mediation on 29.9.2024, therefore, the present case be finally decided. 4. Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed. 5. 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. 6. 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. 7. 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. 8. 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 through mediation dated 29.9.2024, no useful purpose would be served in proceeding with the matter further. 9. 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. 10. The present application under Section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 1.7.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad