MOHD UMAIR AND 6 OTHERS v. State of U.P. AND ANOTHER
A482/20225/2024 · 2025-09-24
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71287 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71287 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 20225 of 2024 Court No. - 76 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 applicants for quashing the entire criminal proceedings of Criminal Case No.37778 of 2024 arising out of Case Crime No.57 of 2023 (State Vs. Mohd. Umair and others) under Sections 498-A, 506 I.P.C. and Section 3/4 Dowry Prohibition Act in respect to applicant nos.1, 2, 3, 5, 7 and under Sections 498-A, 354(ka), 506 I.P.C. and Section 3/4 Dowry prohibition Act in respect to applicant nos. 4 and 6, P.S. Dashaswmedh, District Varanasi pending in the court of Additional Civil Judge (Senior Division), Court No. 3. Varanasi as well as charge sheet dated 23.11.2023 submitted in Case Crime No.57 of 2023 under Sections 354(ka), 498-A, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Dashaswmedh, District Varanasi pending in the court of Additional Civil Judge (Senior Division), Court No.3, Varanasi on the basis of compromise dated 19.04.2024 executed between the parties. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on Versus Counsel for Applicant(s) : Ankit Kapoor Counsel for Opposite Party(s) : G.A. Mohd Umair And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
19.4.2024 and the same has been verified by the court concerned on 31.7.2024, 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 A482 No. 20225 of 2024 2
compromise dated 19.4.2024, 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 482 Cr.P.C. is, accordingly, allowed September 25, 2025 D. Tamang A482 No. 20225 of 2024 3 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad