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2016 DAILYLAW 4182 (ALL)

RAHMAT ALI AND 11 OTHERS v. STATE OF U.P. AND ANOTHER

A482/35733/2016 · 2026-04-07

Saurabh Srivastava

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 35733 of 2016 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application has been filed to quash the charge-sheet dated 20.10.2015, cognizance/summoning order dated 25.05.2016 and the entire proceedings of Case No.1267 of 2016 (State vs. Rahmat Ali and others) under Sections 147, 109, 295, 504 IPC, P.S. Nichlaul, District Maharajganj. 3. At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned Civil Judge (C.D.)/ Additional Chief Judicial Magistrate, Maharajganj on dated 30.04.2025, which has been appended in the file, this fact has also been ascertained and seconded by learned A.G.A. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise. 5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to Versus Counsel for Applicant(s) : Pawan Kumar, Pradeep Kumar Counsel for Opposite Party(s) : G.A. Rahmat Ali And 11 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) an end and peace is resorted; securing the ends of justice being the ultimate guiding factor. 6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. 7. Keeping in mind the position of law and facts, circumstances of the case, charge-sheet dated 20.10.2015, cognizance/summoning order dated 25.05.2016 and the entire proceedings of Case No.1267 of 2016 (State vs. Rahmat Ali and others) under Sections 147, 109, 295, 504 IPC, P.S. Nichlaul, District Majarajganj, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after hearing the contesting parties. If at all, informant/opposite party no.2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. April 8, 2026 Ashish/- A482 No. 35733 of 2016 2 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad