HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26036 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN,J 1. Heard learned counsel for the applicant, Sri Ashutosh Upadhyay, learned counsel for the opposite party nos.2 and 3 and learned A.G.A. for the State. 2. This application has been filed for quashing the entire proceedings of Session Trial No.389 of 2023, arising out of Case Crime No.792 of 2023, under Section 307, 452, 504, 506 IPC & Section 4/25 Arms Act, Police Station Kotwali Orai, District Jalaun, pending in the Court of Sessions Judge, Jaluan at Orai and also be pleased to quash the cognizance/summoning order dated 19.12.2023, passed by Sessions Judge, Jalaun at Orai as well as charge sheet dated 26.10.2023 in Session Trial No.389 of 2023, arising out of Case Crime No.792 of 2023, under Sections 307, 452, 504, 506 IPC and Section 4/25 Arms Act, Police Station Kotwali Orai, District Jalaun on the basis of compromise between the parties. 3. Learned counsel for the applicant submitted that the settlement agreement has already been entered between the parties before the Mediation Centre of this Court on 21.08.2025, 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 against the applicant and the same may be quashed. 5. Learned AGA does not dispute the fact that parties have entered into settlement agreement before the Mediation Centre of this Court. 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 Versus Counsel for Applicant(s) : Ram Surat Patel Counsel for Opposite Party(s) : Ashutosh Upadhyay, G.A. Ravindra Kumar Ahirwar .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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 settled the dispute 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 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 settlement agreement dated 21.08.2025, 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. 10. The present application is, accordingly, allowed. September 4, 2025 I.A.Siddiqui NA528 No. 26036 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad