TAIMUR ALIAS MOHD. TAIMUR AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
A482/32811/2024 · 2025-04-08
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100430 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100430 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:52231 Court No. - 74 Case :- APPLICATION U/S 482 No. - 32811 of 2024 Applicant :- Taimur Alias Mohd. Taimur And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Vishwakarma Counsel for Opposite Party :- Ankita Gupta,G.A.,Uma Shanker Hon'ble Saurabh Srivastava,J.
1. Heard Mr. Rajesh Kumar Vishwakarma, learned counsel for applicants as well as learned AGA. No one appeared on behalf of opposite party no.2 even in the revised call. 2. The present application has been filed to quash chargesheet no.42/2024 dated 21.02.2024 and order of taking cognizance dated 18.06.2024 passed by learned Civil Judge (S.D.)/ACJM, Sambhal at Chandausi as well as entire criminal proceedings of Case No.1856 of 2023, arising out of Case Crime No.323 of 2023, under Sections 147, 148, 341, 504, 307, 323, 324, 336 IPC and 7 of C.L.A Act, P.S. Hayatnagar, District Sambhal, pending in the court of learned Civil Judge (S.D.)/ACJM, Sambhal at Chandausi. 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 court concerned on dated 18.12.2024 which has been appended with this petition and marked a 'A'. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned AGA 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 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, chargesheet no.42/2024 dated 21.02.2024 and order of taking cognizance dated 18.06.2024 passed by learned Civil Judge (S.D.)/ACJM, Sambhal at Chandausi as well as entire criminal proceedings of Case No.1856 of 2023, arising out of Case Crime No.323 of 2023, under Sections 147, 148, 341, 504, 307, 323, 324, 336 IPC and 7 of C.L.A Act, P.S. Hayatnagar, District Sambhal, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after having the compromise deed. If at all, respondent 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. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 9.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad