Sankalp Tripathi and 2 Others Vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 26729 of 2025

Versus Sankalp Tripathi And 2 Others .....Applicant(s)
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Gyanendra Singh Counsel for Opposite Party(s) : Gurumani Shukla, Vikram Yadav, G.A.

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Court No. - 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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

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This application has been filed for quashing the entire criminal proceeding including charge sheet dated 17.6.2024 as well as cognizance/summoning order dated 30.8.2024 passed by Second Judicial Magistrate, Banda in Case No.3024/IX of 2024, State Vs. Sankalp Tripathi and others, arising out of Case Crime No.33 of 2024, under Sections 498A, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Banda pending in the court of Civil Judge (J.D.) II, Banda.

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Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 5.3.2025 and the same has been verified by the court concerned on 14.8.2025, therefore, the present case be finally decided.

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Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed

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with the criminal case against the applicants and the same may be quashed.

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Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. 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.

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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.

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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.

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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 compromise dated 5.3.2025, no useful purpose would be

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served in proceeding with the matter further.

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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.

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The present application is, accordingly, allowed.

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September 24, 2025

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Bhaskar

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(Vikram D. Chauhan,J.)

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Sankalp Tripathi and 2 Others v. State of U.P. and Another

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