Neutral Citation No. - 2025:AHC:57227 Court No. - 74 Case :- APPLICATION U/S 482 No. - 43613 of 2024 Applicant :- Mausam And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- Rajesh Kumar Tiwari,G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of applicants is taken on record. 2. Heard Sri Jagdish Prasad Mishra, learned counsel for applicants and Sri Rajesh Kumar Tiwari, learned counsel for opposite party no. 2 to 4 and learned AGA for State. 3. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the entire proceeding of Case no. 21229/9 of 2024 (State vs. Javed and others) under sections 307, 452, 323, 504, 506 IPC and 3/25/27 Arms Act arising out of Case Crime no. 76 of 2024, PS- Shahpur, District- Muzaffarnagar as well as charge sheet no. 177 of 2024 dated 25.07.2024 pending before learned Additional Chief Judicial Magistrate, Court no. 2, Muzaffarnagar and also quash the summoning order dated 17.10.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Muzaffarnagar on the basis of compromise. 4. Learned counsel for applicants submitted that the parties had entered into compromise and the same has also been verified by learned Additional Chief Judicial Magistrate, Court no. 2, Muzaffarnagar vide order dated 11.02.2025 which is annexed as Annexure no. SA1 to the supplementary affidavit dated 16.04.2025 and this fact has been endorsed by Sri Rajesh Kumar Tiwari, learned counsel for opposite party no. 2 to 4. 5. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly 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. However, from perusal of the records, it transpired that compromise has took place in pursuance to sections pertaining to IPC but so far as Section 3/25/27 of Arms Act against applicant no. 1 is concerned the same has not been compromised by concerned authority. 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. 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, entire proceeding arising out of Case no. 21229/9 of 2024 (State vs. Javed and others) arising out of Case Crime no. 76 of 2024, PS- Shahpur, District- Muzaffarnagar are hereby quashed against applicant no. 1 in pursuance to sections 323, 452, 504, 506, 307 IPC only and against applicant nos. 2 to 4 in pursuance to sections 323, 452, 504, 506 IPC. At the same time, learned court of Additional Chief Judicial Magistrate, Court no. 2, Muzaffarnagar is hereby directed to proceed against applicant no. 1 only in pursuance to Section 3/25/27 Arms Act. 9. Accordingly, the present application under Section 482 of the Code stands partly allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 17.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad