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2025 DAILYLAW 109010 (ALL)

ASIF MANSURI v. STATE OF U.P. AND ANOTHER

A482/41020/2024 · 2025-08-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141612 Court No. - 77 Case :- APPLICATION U/S 482 No. - 41020 of 2024 Applicant :- Asif Mansuri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with a prayer to quash charge sheet dated 12.07.2024 and summoning order dated 17.10.2024 as well as entire proceeding of Case no. 2367 of 2024 (State vs. Asif Mansuri and another) arising out of Case Crime no. 218 of 2023 under sections 507, 505(2) of IPC and section 67(2) of Information Technology Act, Police Station- Charkhari, District Mahoba pending in court of Chief Judicial Magistrate, Mahoba. 3. In compliance of earlier order dated 17.7.2025 passed by this Court, compromise verification report has already been received from learned Chief Judicial Magistrate, Mahoba and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 01.08.2025 in presence of both the parties. 4. Per contra, learned AGA showed no objection to aforesaid contention of learned counsel for applicant. 5. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise. 6. A three-Judge Bench of the Hon'ble 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. 7. 7. 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. 8. In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 2367 of 2024 (State vs. Asif Mansuri and another) arising out of Case Crime no. 218 of 2023 under sections 507, 505(2) of IPC and section 67(2) of Information Technology Act, Police Station- Charkhari, District Mahoba, are hereby quashed, only in respect of applicant herein. 9. Accordingly, the present application stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 18.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad