Mohit Sharma and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Mohit Sharma and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceeding in Case No. 19 of 2022 / Case Crime No. 93 of 2021 (Sections 498-A, 323, 504, 506, 406, 354 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Aligarh), including the charge-sheet dated 30.01.2022 and the cognizance taken on 21.02.2022; the Section 482 application is allowed.

Issue for consideration

Whether the entire criminal proceeding in Case Crime No. 93 of 2021 (including the charge-sheet dated 30.01.2022 and the cognizance taken on 21.02.2022) should be quashed in view of the settlement arrived at between the parties. +1 more

Court's answer

The criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute.

Ratio / Principle

There are no overbearing circumstances requiring the applicants to be prosecuted even after the parties have entered into a settlement.

Key takeaways

In view of the settlement, there is practically no chance of conviction even if the FIR case is tried; the entire exercise of trial would be an exercise in futility.ratio¶11
Since the disputants have settled and wish to proceed peacefully, it would be in the interest of justice that the criminal proceedings are quashed.ratio¶12
Continuation of the criminal proceeding despite settlement between the victim and the wrongdoer would be unfair, contrary to the interest of justice and tantamount to abuse of process of law; to secure the ends of justice the criminal case should be put to an end.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.; Neutral Citation No. 2025:AHC:130587; Order Date 4.8.2025) allowed an Application under Section 482 (No. 43111 of 2024) seeking quashing of the entire criminal proceeding in Case No. 19 of 2022 (State Versus Mohit Sharma and others), registered as Case Crime No. 93 of 2021 under Sections 498-A, 323, 504, 506, 406, 354 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Aligarh, pending before the Additional Chief Judicial Magistrate, I Aligarh, including the charge-sheet dated 30.01.2022 and the cognizance taken on 21.02.2022. Holding that the proceedings were essentially an outcome of a matrimonial dispute, that the parties had settled the dispute before the Mediation Centre of the Court on 20.05.2025, that conviction was practically impossible rendering the trial an exercise in futility, and that continuation after settlement would amount to abuse of the process of law, the Court, in view of the settled principles laid down by the Apex Court in Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688, quashed the proceedings and allowed the application.

Neutral Citation No. - 2025:AHC:130587

Court No. - 76

Case :- APPLICATION U/S 482 No. - 43111 of 2024

Applicant :- Mohit Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

This application has been filed for quashing the entire proceeding including charge-sheet dated 30.01.2022 and the learned court below has taken cognizance on 21.02.2022 in Case no. 19 of 2022 (State Versus Mohit Sharma and other) registered with Case crime no. 93 of 2021 under section 498-A, 323, 504, 506, 406, 354 I.P.C., and Section 3/4 D.P. Act, Police Station Mahila Thana, District Aligarh, pending in the court of Additional Chief Judicial Magistrate, I 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 20.05.2025, 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.

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 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 20.05.2025, 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 .

Order Date :- 4.8.2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad