State of U.P. and Another v. Party

1. Heard Ms. Indu Kaul (through video conferencing) along with Sri Amrendra Singh, learned counsel for the applicants, Sri Akshat Sinha, learned counsel for opposite party no. 2 and learned A.G.A. for the State.

2. The present application has been filed by the applicants for setting aside the impugned charge-sheet dated 12.05.2018 its cognizance and summoning order dated 21.06.2018 under Sections 498-A, 323, 406 I.P.C. and 3/4 Dowry Prohibition Act issued by A.C.J.M. Room no. 8, Ghaziabad bearing Case No. 17244 of 2018 arising out of Case Crime No. 244 of 2017 registered at P.S. Mahila Thana, District Ghaziabad as well as other entire proceeding of the aforesaid case pending in the Court of A.C.J. (JD)/F.T.C.1st Ghaziabad and to direct the opposite party no.2 to send her no objection to J&K Bank, Branch Gurugram, Haryana allow applicant no.1 to operate his Locker No. #443.

3. This Court on 2.9.2025 passed the following order :- "Ms. Indu Kaul along with Sri Amrendra Singh, learned counsel for the applicants and Sri Akshat Sinha, learned counsel for the opposite party no. 2 has agreed that gold ornaments (which have been agreed upon to be handed over to the opposite party no. 2 in terms of the list of gold articles stated in para-10 of the compromise deed) will be handed over to opposite party no. 2 and a receipt be obtained except four articles, one bangle, one earring, one baali and one ring, which are missing. In respect of which counsel for the applicants has stated that they are ready to pay sum of Rs. 2,00,000/- in lieu 2 NA528 No. 3667 of 2025 of the aforesaid four items being missing subject to the fact that the extra two pendents found in the locker would belong to the applicants. It is also submitted by the counsel for the applicants that a demand drafts of Rs. 5,00,000/- and Rs. 2,00,000/- would also be handed over to the opposite party no. 2 before this Court on the next date fixed. Learned counsel for the parties has also agreed that the opposite party no. 2 would hand over the N.O.C. for operating the saving bank account as well as fixed deposit account and withdrawal of the amount in saving bank account as well as fixed deposit account in favour of the applicants. The amount that would be withdrawn by the applicants from the saving bank / fixed deposit account. The gold being handed over to the opposite party no. 2 and receipt would be obtained by the applicants from the opposite party no. 2. The aforesaid exercise would be completed before the next date and the parties are directed to remain present before the Branch Manager on

09.09.2025 at 02:00 PM. and entire handing over of gold jewellery would be videographed at the expense of the applicants. The applicant will produce demand draft of Rs. 5,00,000/- and Rs. 2,00,000/- in favour of opposite party no. 2 on the next date. The No Objection Certificate in respect of fixed deposit account and the saving bank account shall be submitted by the opposite party no. 2 on 09.09.2025 to the concerned Branch Manager after receiving the gold jewellery as per the direction given herein above. List on 16.09.2025 in top ten cases. Interim order, if any, is extended till the next date of listing."

4. Learned counsel for the parties submits that gold ornaments have been handed over to the wife-opposite party no. 2 and demand drafts bearing nos. 500149 and 505667 of ICICI Bank of Rs. 5 lakhs and Rs. 2 lakhs in favour of wife-opposite party no. 2 has been handed over to learned counsel for opposite party no. 2 today. A copy of the same are taken on record. 3 NA528 No. 3667 of 2025

5. Learned counsel for opposite party no. 2 has accepted the demand draft of Rs. 5 lakhs and Rs. 2 lakhs towards the final settlement and submits that criminal proceedings may be quashed and he would have no objection.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 4 NA528 No. 3667 of 2025 of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed.

11. The present application is, accordingly, allowed. September 16, 2025 VMA (Vikram D. Chauhan,J.) VISHWA MOHAN ARORA High Court of Judicature at Allahabad

1. Heard Ms. Indu Kaul (through video conferencing) along with Sri Amrendra Singh, learned counsel for the applicants, Sri Akshat Sinha, learned counsel for opposite party no. 2 and learned A.G.A. for the State.

2. The present application has been filed by the applicants for setting aside the impugned charge-sheet dated 12.05.2018 its cognizance and summoning order dated 21.06.2018 under Sections 498-A, 323, 406 I.P.C. and 3/4 Dowry Prohibition Act issued by A.C.J.M. Room no. 8, Ghaziabad bearing Case No. 17244 of 2018 arising out of Case Crime No. 244 of 2017 registered at P.S. Mahila Thana, District Ghaziabad as well as other entire proceeding of the aforesaid case pending in the Court of A.C.J. (JD)/F.T.C.1st Ghaziabad and to direct the opposite party no.2 to send her no objection to J&K Bank, Branch Gurugram, Haryana allow applicant no.1 to operate his Locker No. #443.

3. This Court on 2.9.2025 passed the following order :- "Ms. Indu Kaul along with Sri Amrendra Singh, learned counsel for the applicants and Sri Akshat Sinha, learned counsel for the opposite party no. 2 has agreed that gold ornaments (which have been agreed upon to be handed over to the opposite party no. 2 in terms of the list of gold articles stated in para-10 of the compromise deed) will be handed over to opposite party no. 2 and a receipt be obtained except four articles, one bangle, one earring, one baali and one ring, which are missing. In respect of which counsel for the applicants has stated that they are ready to pay sum of Rs. 2,00,000/- in lieu 2 NA528 No. 3667 of 2025 of the aforesaid four items being missing subject to the fact that the extra two pendents found in the locker would belong to the applicants. It is also submitted by the counsel for the applicants that a demand drafts of Rs. 5,00,000/- and Rs. 2,00,000/- would also be handed over to the opposite party no. 2 before this Court on the next date fixed. Learned counsel for the parties has also agreed that the opposite party no. 2 would hand over the N.O.C. for operating the saving bank account as well as fixed deposit account and withdrawal of the amount in saving bank account as well as fixed deposit account in favour of the applicants. The amount that would be withdrawn by the applicants from the saving bank / fixed deposit account. The gold being handed over to the opposite party no. 2 and receipt would be obtained by the applicants from the opposite party no. 2. The aforesaid exercise would be completed before the next date and the parties are directed to remain present before the Branch Manager on

09.09.2025 at 02:00 PM. and entire handing over of gold jewellery would be videographed at the expense of the applicants. The applicant will produce demand draft of Rs. 5,00,000/- and Rs. 2,00,000/- in favour of opposite party no. 2 on the next date. The No Objection Certificate in respect of fixed deposit account and the saving bank account shall be submitted by the opposite party no. 2 on 09.09.2025 to the concerned Branch Manager after receiving the gold jewellery as per the direction given herein above. List on 16.09.2025 in top ten cases. Interim order, if any, is extended till the next date of listing."

4. Learned counsel for the parties submits that gold ornaments have been handed over to the wife-opposite party no. 2 and demand drafts bearing nos. 500149 and 505667 of ICICI Bank of Rs. 5 lakhs and Rs. 2 lakhs in favour of wife-opposite party no. 2 has been handed over to learned counsel for opposite party no. 2 today. A copy of the same are taken on record. 3 NA528 No. 3667 of 2025

5. Learned counsel for opposite party no. 2 has accepted the demand draft of Rs. 5 lakhs and Rs. 2 lakhs towards the final settlement and submits that criminal proceedings may be quashed and he would have no objection.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 4 NA528 No. 3667 of 2025 of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed.

11. The present application is, accordingly, allowed. September 16, 2025 VMA (Vikram D. Chauhan,J.) VISHWA MOHAN ARORA High Court of Judicature at Allahabad