Allahabad High Court
SMT USHA AND 4 OTHERSversusState of UP AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The Court held that where the parties have settled a matrimonial dispute through mediation, continuing criminal proceedings would be an abuse of process and therefore the proceedings must be quashed.
Summary
The petitioners sought quashing of a criminal case (cognizance order dated 12‑9‑2016 and Case No.5305 of 2016) pending before the Additional Chief Judicial Magistrate, Meerut, on the ground that the parties had reached a settlement through mediation on 18‑9‑2024. The State’s Additional Advocate General acknowledged the settlement and expressed no objection to ending the proceedings. The Court observed that the dispute was matrimonial in nature and that, given the settlement, there was no realistic prospect of a conviction, making a trial futile and an abuse of process. Relying on established Supreme Court precedents, the Court held that continuing the criminal prosecution would be contrary to the interests of justice. Consequently, the Court quashed the criminal proceedings and allowed the petition.
Issues considered
- Whether criminal proceedings arising from a matrimonial dispute can be quashed after the parties have settled the matter through mediation?
- Whether continuation of such proceedings would constitute an abuse of process of law?
Subjects
- settlement
- mediation
- criminal procedure
- abuse of process
- matrimonial dispute
- quash
- Article 227
- High Court
- compromise
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 1616 of 2024
Smt Usha And 4 Others
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Jai Raj
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the
State.
2. The present petition has been filed for quashing the cognizance order
dated 12.9.2016 passed by Additional Chief Judicial Magistrate, Court
No.5, Meerut as well as Case No.5305 of 2016 pending in the court of
Additional Chief Judicial Magistrate, Court No.5, Meerut.
3. Learned counsel for the petitioners submitted that the compromise has
already been entered between the parties 18.9.2024 through mediation
before the Mediation Centre of this Court, therefore, the present case be
finally decided.
4. 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.
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
A227 No. 1616 of 2024
2
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 the compromise through mediation before
Mediation Centre of this Court dated 18.9.2024, 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
aforesaid case is hereby quashed.
9. The present petition is, accordingly, allowed.
(Vikram D. Chauhan,J.)
September 11, 2026
Bhaskar
Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad
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