Point of Law : No useful purpose shall be served by prolonging the proceedings of above mentioned case.

JUDGMENT :

(Ajai Kumar Srivastava-I, J.)

1. Sri Anurag Singh, Advocate has put in appearance on behalf of opposite party No.2 by filing his vakalatnama in Court today, which is taken on record.

2. Heard Sri Santosh Srivastava, Advocate holding brief of Sri Manish Bajpai, learned counsel for the applicants, Sri Rajesh Verma, learned A.G.A. for the State, Sri Anurag Singh, learned counsel for opposite party No.2 and perused the material available on record.

3. The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned charge sheet dated 15.01.2019 as well as impugned order dated 31.10.2019 passed by the learned Additional Chief Judicial Magistrate, Court No.28, Lucknow in Case No.95003 of 2019.

4. Learned counsel for the applicants has submitted that a first information report came to be lodged against the accused/ applicant on the basis of false facts in order to implicate the accused/ applicants.

5. His further submission is that there are vague and general allegations against all the accused/ applicants in the first information report, which do not constitute any offence as alleged in the first information report.

6. His next submission is that during investigation, no credible offence against the present accused/ applicants could be collected. Despite this fact, a charge sheet came to be laid against the present accused/ applicants.

7. His further submission is that the learned trial court vide impugned order dated 31.10.2019 mechanically took cognizance of the matter and issued process to the applicants to appear and stand trial.

8. His next submission is that the continuation of such proceeding is nothing but an abuse of process of this Court and malicious prosecution too. He has also submitted that as the dispute related to the matrimonial discord between the parties, the parties settled their dispute and filed a compromise, which has been sent for verification by a coordinate Bench of this Court vide order dated 01.03.2023 passed in Application U/s 482 No.2108 of 2023 titled as Ankit Saxena and others vs. State of U.P. and another.

9. His further submission is that pursuant to aforesaid order dated 01.03.2023, the learned trial court has verified the compromise vide order dated 18.03.2023. A copy of the same is annexed as annexure No.6 to the instant application.

10. Learned counsel for the applicants, therefore, submits that having regard to the fact that the dispute between the parties was essentially matrimonial in nature, the parties settled their dispute. Therefore, the impugned criminal proceeding deserves to be quashed as the dispute-in-question is private in nature which does not have any adverse societal effect.

11. Per contra, learned A.G.A. for the State has vehemently opposed the prayer. However, learned counsel for opposite party No.2 has very fairly admitted the fact that the parties have settled their dispute amicably and filed a compromise, which came to be verified by the learned trial court vide order dated 18.03.2023.

12. The Hon'ble Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others vs. State of Gujarat and another reported in (2017) 9 SCC 641 has laid down the following guidelines with regard to quashing of criminal proceedings as well regarding compromise in criminal proceedings in paragraphs 16 to 16.10 of the judgment, which is quoted below:

"16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions.

16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court;

16.2. The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the vic