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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40685 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 entire proceedings of Criminal Case No.21 of 2017 (State Vs. Iqbal and others), arising out of Case Crime No.241 of 2016, under Sections 406, 452, 504, 506 IPC, P.S. Nawabganj, District Bareilly, pending in the court of learned Judicial Magistrate-, Nawabganj, Bareilly, 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 27.02.2026 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 guiding factor. Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : G.A., Vijendra Pal Iqbal And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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, entire proceedings of Criminal Case No.21 of 2017 (State Vs.
Iqbal and others), arising out of Case Crime No.241 of 2016, under Sections 406, 452, 504, 506 IPC, P.S. Nawabganj, District Bareilly, pending in the court of learned Judicial Magistrate-, Nawabganj, Bareilly, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. If at all, opposite party no. 2 feels that she has been duped or betrayed, then in that event, she may seek recall of this order by way of filing recall application explaining the reasons. March 19, 2026 Vivek Kr. NA528 No. 40685 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad