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2025 DAILYLAW 78497 (ALL)

HITENDRA SINGH v. STATE OF U.P. AND ANOTHER

NA528/26779/2025 · 2025-09-24

Vikram D Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26779 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application has been filed for quashing the entire proceeding of Case No.23327 of 2023 arising out of Case Crime No. 15 of 2023 "State of U.P. versus Hitendra Singh and others" under Sections 498A, 323, 504 and 506 IPC and 3/4 of Dowry Prohibition Act, Police Station-Firozabad South, District Firozabad, pending in the court of "Chief Judicial Magistrate, Firozabad". Further to quash the Charge-Sheet No.128 of 2023 dated 17.03.2023, as well as, cognizance and summoning order dated 01.07.2023 passed in Case No.23327 of 2023 arising out of Case Crime No. 15 of 2023 "State of U.P. versus Hitendra Singh and others" under section 498A, 323, 504 and 506 IPC and 3/4 of Dowry Prohibition Act, Police Station-Firozabad South, District Firozabad on the basis of compromise deed dated 22.10.2024. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 28.04.2025 and the same has been verified by the court concerned on 14.08.2025, therefore, the present case be finally decided. 4. Learned counsel for the opposite party no.2 and learned AGA do not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that they would have no objection in case criminal proceedings are put to an end. They Versus Counsel for Applicant(s) : Ankit Srivastava Counsel for Opposite Party(s) : Gaurang Dwivedi, G.A. Hitendra Singh .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) further submit 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 28.04.2025, 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 is, accordingly, allowed. September 25, 2025 S.Prakash NA528 No. 26779 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad