HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34016 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. The present application has been filed by applicants for quashing the entire proceeding of Case No.1141/2021 (State Vs Amit Kumar Pandey and others) pending before Additional Chief Judicial Magistrate-8, Allahabad, under Sections 498-A, 323, 506 IPC & Section 3/4 D.P Act, Police Station- Utraon, District- Prayagraj as well as cognizance and summoning order dated 21.09.2021 passed by learned Additional Chief Judicial Magistrate-10, Allahabad, by which applicant no.1-Amit Kumar Pandey have been summoned for facing trial under Sections 498-A, 323, 506 IPC & Section 3/4 D.P. Act and applicant nos.2 to 4 have been summoned for facing trial under Sections 498-A, 506 IPC & Section 3/4 D.P. Act and charge sheet dated 23.06.2021 submitted by Investigating Officer, against applicant no.1-Amit Kumar Pandey under Sections 498- A, 323, 506 IPC & Section 3/4 D.P. Act and applicant nos.2 to 4, under Sections 498-A, 506 IPC & Section 3/4 D.P. Act arising out of First Information Report No.440/2020, Police Station-Utraon, District Prayagraj, on the basis of compromise entered between applicants and opposite party No.2 on 20.09.2024. 3. Learned counsel for the applicants submits that divorce by mutual consent has been granted vide order dated 13.5.2024 by Additional Principal Judge, Family Court-2, Allahabad, copy of which has been filed Versus Counsel for Applicant(s) : Abhinav Mishra, Neeraj Kumar Counsel for Opposite Party(s) : G.A. Amit Kumar Pandey And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) at page 65 of the paper and further the compromise entered between the parties has been verified by the court concerned on 10.7.2025, copy of which has been filed at page 71 of the paper book, therefore, the present case be finally decided. 4. Learned AGA does not dispute the fact and 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 in view of divorce decree order dated 13.5.2024, 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 NA528 No. 34016 of 2025 2 aforesaid case is hereby quashed. 9. The present application under Section 528 BNSS is, accordingly, allowed. September 9, 2025 D. Tamang NA528 No. 34016 of 2025 3 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad