Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 1507 (ALL)

PRADIP AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/39968/2025 · 2026-03-18

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39968 of 2025 Court No. - 75 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA. 2. The present application has been filed to quash chargesheet dated 24.04.2018 and cognizance/summoning order dated 19.05.2018 along with entire criminal proceedings of the case arising out of Case Crime No.32 of 2017, under Sections 323, 420, 467, 468, 471, 504, 506 IPC, P.S. Pisava, District Aligarh, pending in the court of learned Judicial Magistrate, Khair, Aligarh, on the basis of compromise. 3. At the very outset, learned counsel for applicants has submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 26.02.2026 which has been appended with this petition, this fact has also been ascertained and seconded by learned AGA. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned AGA and as such, there would be no harm and error if 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 54 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 restored; securing the ends of justice being the ultimate Versus Counsel for Applicant(s) : Shishir Kumar Tiwari Counsel for Opposite Party(s) : Atul Kumar Pandey, G.A. Pradip And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 dated 24.04.2018 and cognizance/summoning order dated 19.05.2018 along with entire criminal proceedings of the case arising out of Case Crime No.32 of 2017, under Sections 323, 420, 467, 468, 471, 504, 506 IPC, P.S. Pisava, District Aligarh, pending in the court of learned Judicial Magistrate, Khair, Aligarh, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may seek recall of this order by way of filing recall application explaining the reasons. March 19, 2026 Vivek Kr. NA528 No. 39968 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad