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2025 DAILYLAW 84418 (ALL)

SHIVAM TOMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/29171/2025 · 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. - 29171 of 2025 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. This application has been filed for quashing the entire proceedings of Case No. 11239 of 2025 (State Vs. Shivam Tomar & another), as well as, impugned charge-sheet No. 110 of 2024 dated 27.02.2024 arising out of Case Crime No. 756 of 2023 under section 498-A, 323, 506 I.P.C., Police Station Kankarkheda, District Meerut, as well as, impugned summoning order dated 07.07.2025 passed by Civil Judge (Junior Division), F.T.C. (Crime Against Women) Meerut, pending in the court of Civil Judge (Junior Division), F.T.C. (Crime Against Women) Meerut, in light of compromise. 3. Learned counsel for the applicants submitted that on mutual consent of the parties application dated 27.05.2025 has been filed under Section 13B of Hindu Marriage Act, and the same has been verified by the court concerned on 02.09.2025, therefore, the present case be finally decided. 4. Learned AGA submits 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 Versus Counsel for Applicant(s) : Ayush Kaushik Counsel for Opposite Party(s) : G.A. Shivam Tomar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 application dated 27.05.2025 filed under Section 13B of Hindu Marriage Act, 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. 29171 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad