Neutral Citation No. - 2025:AHC:106885 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 23579 of 2025 Applicant :- Pushpendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra 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 the applicants for quashing the Court may be pleased to allow this application and quash the Charge sheet no.04 of 2023 dated 29.03.2023 and cognizance/summoning order dated 29.09.2023 passed by Civil Judge (J.D.) F.T.C./Judicial Magistrate (CAW), Etawah, in Case No. 11147 of 2023 (State Vs. Pushpendra and others) under section 498A, 323 IPC & % D.P. Act, arising out of Case Crime No. 01 of 2023 Police Station-Mahila Thana (Saifai), District-Etawah, pending before the Court of Chief Judicial Magistrate, Etawah on the basis of compromise deed dated 06.02.2025. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 6.2.2025 and the same has been verified by the court concerned on 21.05.2025, 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 6.2.2025, 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 under Section 528 BNSS is, accordingly, allowed. Order Date :- 8.7.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad