The discretion of the High Court to quash criminal proceedings in cases where the possibility of conviction is remote or bleak due to settlement between the parties.

Devendra Kumar Upadhyaya, J.

Pursuant to order dated 22.05.2018, petitioner no.1-Shiv Babu and petitioner no.4-Ram Narayan respectively and respondent no.4-Pappu Modanwal are present in Court.

2. For getting the dispute settled between the parties, the Court had passed the following order:-

"Sri Ashok Kumar Srivastava, Advocate has put in appearance on behalf of respondent no.4.

Pursuant to the order dated 15.05.2018, the petitioner no.1-Shiv Babu and respondent no.4-Pappu Modanwal are present.

It has been stated by learned counsel appearing for the petitioners that earlier, before the learned court below a compromise was arrived at, however, the same could not materialize.

Respondent no.4 has stated that in case the petitioner undertakes to bear the expenses incurred by him for treatment of her daughter, he will not prosecute the petitioners' in relation to the impugned F.I.R. any further. Before the learned Magistrate, it was agreed between the parties that the petitioners shall pay a sum of Rs.3,20,000/- to the respondent in August 2017. Accordingly, it has been stated by the learned counsel for the respondent no.4 that if sum of Rs. 3,35,000/- is given to him towards the expenditure incurred by him for the treatment of her daughter, he shall not prosecute the petitioners any further and that will be full and final settlement of the issues between the parties. The proposal so made by the respondent no. 4 is acceptable to the petitioner no.1-Shiv Babu and petitioner no.4-Ram Narayan who are also present. Shiv Babu, petitioner no.1 has stated that the said proposal is acceptable to all the petitioners who are closely related family members.

Accordingly, we direct the petitioners to transfer the aforesaid amount of Rs. 3,35,000/- in the bank account of respondent no.4 by the next date of listing. For the said purpose, learned counsel appearing for the respondent no.4 shall provide account details of the Bank account of respondent no.4 to the learned counsel appearing for the petitioners at the earliest.

List this case on 28.05.2018, on which date the petitioner no.1 and the respondent no.4 shall again be present before the Court.

When the case is next listed, the name of Sri Ashok Kumar Srivastava, Advocate shall also be shown as counsel for the respondent in the cause list".

3. In deference to the order dated 22.05.2018, a bank draft favouring Pappu Modanwal, son of Moti Lal has been presented amounting to Rs.3,35,000/- drawn on Baroda, Uttar Pradesh, Gramin Bank dated 24.05.2018. The said bank draft has been handed over to respondent no.4-Pappu Modanwal in the Court itself and a photocopy thereof has been taken on record.

4. In view of the aforesaid, it has been stated by learned counsel for parties that no issue remains to be resolved between the parties and this may be full and final settlement of this issue between them.

5. They further prayed that in view of the aforesaid settlement arrived at between the parties, the impugned First Information Report lodged at Case Crime No.288 of 2016, under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jethwara, District Pratapgarh may be quashed.

6. Pappu Modanwal, who is informant of impugned First Information Report and the respondent no.4 in the present petition, is present in Court and has stated categorically that since parties have settled their dispute and he has received a bank draft as disclosed above, he does not want to pursue the proceedings of aforesaid First Information Report any further, therefore the aforesaid FIR may be quashed.

7. The Supreme court in the case of B.S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675 has held that in matrimonial matters it becomes duty of the Court to encourage genuine settlement of matrimonial disputes and considering the special feature of a case where the chances of an ultimate conviction are bleak and no useful purpose would be served by allowing a criminal prosecution to