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2025 DAILYLAW 171796 (ALL)

KALLU AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/26725/2025 · 2025-10-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26725 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Mohd. Aadil Siddiqui learned counsel for applicants, Shri Jeetendra Kumar Yadav learned counsel for opposite party no.2 and learned AGA for State. 2. Present application u/s 528 BNSS has been preferred with a prayer to allow the instant application and quash the entire criminal proceedings of Case No.14728 of 2024 (State vs. Kallu & others) arising out of Case Crime No.254 of 2022 under Sections 147, 323, 504, 506 IPC Police Station Kundarki, District Moradabad including charge sheet dated 21.01.2023 as well as cognizance/summoning order dated 10.04.2024 passed by learned Additional Chief Judicial Magistrate, Court No.4, Moradabad on the basis of compromise dated 20.06.2025. 3. On the basis of verification report submitted by learned Additional Chief Judicial Magistrate, Court No.4, Moradabad on the compromise application dated 20.06.2025, entered between the parties which is available on record. 4.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. 5. 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. 6. In view of the aforementioned facts and circumstances, the entire Versus Counsel for Applicant(s) : Mohd Aadil Siddiqui Counsel for Opposite Party(s) : G.A., Jeetendra Kumar Yadav Kallu And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) proceeding of Case No.14728 of 2024 (State vs. Kallu & others) arising out of Case Crime No.254 of 2022 under Sections 147, 323, 504, 506 IPC Police Station Kundarki, District Moradabad including charge sheet dated 21.01.2023 as well as cognizance/summoning order dated 10.04.2024 passed by learned Additional Chief Judicial Magistrate, Court No.4, Moradabad, are hereby quashed. 7. Accordingly, the present application under Section 528 BNSS stands allowed. 8. The parties may file the copy of this order before the court concerned within two weeks from today. October 27, 2025 Rakesh NA528 No. 26725 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad