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Neutral Citation No. - 2025:AHC:113151 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 24563 of 2025 Applicant :- Sonu Goswami Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Maurya,Pramod Kumar Saroj Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicant, Sri Pankaj Sahni,
learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present application has been filed by applicant for quashing the charge sheet dated 21.12.2017 and summoning order dated 16.01.2018 as well as entire proceedings of Special Sessions Trial No. 81 of 2018 (State Vs. Sonu Goswami) arising out of Case Crime No. 253 of 2017 under Sections 363, 366A of I.P.C. and Section 7/8 of Dowry Prohibition Act and Section 3(2) (5A) of SC/ST Act, Police Station Tahrauli, District-Jhansi, pending in the Court of Special Judge, POCSO Act, Jhansi on the basis of verification report dated 25.09.2019.
3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 31.10.2018 and the same has been verified by the court concerned on 25.9.2019, 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 disput; 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 dated 31.10.2018, 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 528 BNSS is, accordingly, allowed.
Order Date :- 15.7.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad