ARBAZ @ MOHD ARBAZ AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/30078/2025 · 2025-10-27
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[ 2025 DAILYLAW 171509 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171509 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30078 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1.Supplementary affidavit preferred on behalf of applicants is taken on record. 2. Heard Sri Umair Mahmood, learned counsel for applicants, Sri Zeeshan Khan holding brief of Sri Raj Kumar Chauhan, learned counsel for opposite party no. 2 and learned AGA for the State. 3. Present application has been preferred with a prayer to quash the charge sheet dated 4.6.2021 as well as cognizance order dated 20.1.2022 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Bijnor arising out of Case Crime no. 15 of 2021 under sections 452, 323, 324, 325, 506, 308 IPC, PS- Mandawar, District Bijnor as well as quash entire proceeding of Case no. 14 of 2022 arising out of Case Crime no. 15 of 2021 under sections 452, 323, 324, 325, 506, 308 IPC, PS- Mandawar, District Bijnor in terms of compromise dated 16.6.2025. 4. In compliance of earlier order dated 15.9.2025 passed by co- ordinate Bench of this Court, compromise verification report has already been received from learned Additional District and Sessions Judge, Gangster Act, Court no. 6, Bijnor and the same has been preferred today by learned counsel for applicants by way of supplementary affidavit which is taken on record, wherein it is mentioned that compromise has been verified on dated 29.9.2025 in presence of both the parties. Versus Counsel for Applicant(s) : Umair Mahmood Counsel for Opposite Party(s) : G.A., Raj Kumar Chauhan Arbaz @ Mohd Arbaz And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Sri Zeeshan Khan holding brief of Sri Raj Kumar Chauhan, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicants. 6. 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. 7.
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. 8. 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. 9. In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 14 of 2022 arising out of Case Crime no. 15 of 2021 under sections 452, 323, 324, 325, 506, 308 IPC, PS- Mandawar, District Bijnor, are hereby quashed, only in respect of applicants namely Arbaz, Bilal, Dilshad and Parvez. 10. Accordingly, the present application stands allowed. NA528 No. 30078 of 2025 2
11. The parties may file the copy of this order before the court concerned within three weeks from today. 12. If at all, opposite party no. 2 feels that he/she has been duped or betrayed, then in that event, he/she may file recall application explaining the reasons for filing the said application. October 28, 2025 Shaswat NA528 No. 30078 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad