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2025 DAILYLAW 71903 (ALL)

VIVEK KUMAR v. STATE OF U.P. AND ANOTHER

NA528/23729/2025 · 2025-09-24

Vikram D Chauhan

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23729 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 applicant, Sri Ankit Kumar Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. The present application has been filed by the applicant for quashing the impugned charge-sheet dated 27.09.2023 along with summoning/cognizance order dated 01.02.2024 and entire proceedings of Criminal Case No. 113 of 2024 (State of U.P. Vs. Vivek Kumar and 2 Other) under Sections 498-A, 323 and 504 I.P.C. and under Section 3/4 D.P. Act, Police Station Bahsuma, District Meerut arising out of Case Crime No. 120 of 2023, pending in the court of Judicial Magistrate (First Class) Mawana, Meerut, in view of the compromise/settlement arrived between the parties. 3. Learned counsel for the applicant submitted that the compromise has already been entered between the parties on 5.8.2025 and the same has been verified by the court concerned on 5.8.2025, 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 applicant. He further contended that opposite party no.2 does not want to proceed with the criminal case Versus Counsel for Applicant(s) : Ashish Tyagi, Kapil Tyagi Counsel for Opposite Party(s) : Ankit Kumar Singh, G.A. Vivek Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against the applicant 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 applicant 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 dated 5.8.2025, 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. NA528 No. 23729 of 2025 2 10. The present application is, accordingly, allowed. September 25, 2025 VMA NA528 No. 23729 of 2025 3 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad