2025 (State v. Devendra) arising out of Case Crime No. 259 of 2024 & Ors.
Case at a glance
Outcome
Quashed
criminal proceedings in question are quashed
Provisions considered
Key paragraphs
- Para 88. 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.…
Judgment
2025 (State Versus Devendra and Others) arising out of Case Crime No. 259 of 2024, under Sections 498-A, 323, 506 of I.P.C. and Section 3/4 of D.P. Act, Police Station Tappal, District Aligarh, pending in the Court of Learned Chief Judicial Magistrate, Aligarh.
Learned counsel for the applicants submitted that the settlement agreement has already been entered between the parties before the Mediation Centre of this Court on 02.07.2025, therefore, the present case be finally decided.
Learned AGA does not dispute the fact that parties have entered into settlement agreement before the Mediation Centre of this Court. 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.
Operative part
Having examined the matter in its totality, this Court is of the view that 2 NA528 No. 15629 of 2025 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 settled the dispute and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed.
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 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.
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 settlement agreement dated 02.07.2025, no useful purpose would be served in proceeding with the matter further.
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.
The present application is, accordingly, allowed. September 15, 2025 S.Prakash (Vikram D. Chauhan,J.) SHASHI PRAKASH High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: criminal proceedings in question are quashed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Indian Penal Code, 1860.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.