SMT SHASHI SETH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/27535/2024 · 2025-08-19
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88620 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88620 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142744 Court No. - 76 Case :- APPLICATION U/S 482 No. - 27535 of 2024 Applicant :- Smt Shashi Seth And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amber Khanna,Raj Kumar Khanna,Sandal Khanna,Shubham Tandon Counsel for Opposite Party :- G.A.,Pankaj Lal,Sharad Tandon 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. The present application has been filed by applicants for quashing the entire proceeding of Case No.5034 of 2022 (Crime No.4 of 2022) (State Vs. Chandan Seth & others), under Sections 498A, 323, 506 I.P.C. and Section 3/4 of The Dowry Prohibition Act, Police Station Mahila Thana, District Bareilly, pending in the Court of Chief Judicial Magistrate, Bareilly and for setting aside the order dated 01.09.2022 passed by Chief Judicial Magistrate, Bareilly in pursuance of terms and conditions mentioned in compromise settled in the Petition, under Section 13-B of the Hindu Marriage Act, dated 21.05.2024. 3. Applicant no.3-Chandan Seth, husband and opposite party no.2 Smt. Kritika Tandon, wife have appeared before this Court and identified by their respective counsel, who have stated before this Court that the matter has been settled and the criminal proceedings may be quashed. 4. Learned AGA does not dispute the fact that parties have entered into settlement.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. 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, 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 under Section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 20.8.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad