MOHD HASIN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/22171/2025 · 2025-09-07
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68331 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68331 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22171 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J.
1. Supplementary affidavit filed by learned counsel for the applicant, is taken on record. 1-A. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application has been filed for quashing the entire proceeding of Criminal Case No. 6635 of 2018 (State Vs Mohd. Hasin and others) arising out from the impugned cognizance and summoning order dated 22.09.2018 passed by the learned court of Chief Judicial Magistrate, Budaun over the charge-sheet dated 17.03.2018 submitted by Investigating Officer in Case Crime No. 46 of 2017, under section 498A of IPC & section 3/4 D.P. Act, Police Station Kotwali, District Budaun on the basis of compromise dated 15.05.2025. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 23.05.2025 and the same has been verified by the court concerned on 08.08.2025, 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 Versus Counsel for Applicant(s) : Sarvajeet Singh Counsel for Opposite Party(s) : G.A. Mohd Hasin And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 23.05.2025, 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. September 8, 2025 S.Prakash NA528 No. 22171 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad