MUKESH BHATI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
NA528/41350/2025 · 2026-03-18
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1871 (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. - 41350 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 26.01.2010 and cognizance/summoning order dated 01.02.2010 along with entire criminal proceedings of Criminal Case No.319 of 2010 (State Vs. Mukesh Bhati and others), arising out of Case Crime No.605 of 2009, under Sections 307, 504, 506 IPC, P.S. Dadri, District Gautam Budh Nagar, pending in the court of learned F.T.C.-First, Gautam Budh Nagar, 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 13.01.2026 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 Versus Counsel for Applicant(s) : Amit Kumar Tripathi, Ashok Kumar Mishra Counsel for Opposite Party(s) : G.A., Vibhendu Mishra Mukesh Bhati And 2 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
an end and peace is restored; securing the ends of justice being the ultimate 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 26.01.2010 and cognizance/summoning order dated 01.02.2010 along with entire criminal proceedings of Criminal Case No.319 of 2010 (State Vs. Mukesh Bhati and others), arising out of Case Crime No.605 of 2009, under Sections 307, 504, 506 IPC, P.S. Dadri, District Gautam Budh Nagar, pending in the court of learned F.T.C.-First, Gautam Budh Nagar, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. If at all, opposite party nos.2 and 3 feel that they have been duped or betrayed, then in that event, they may seek recall of this order by way of filing recall application explaining the reasons. March 19, 2026 Vivek Kr. NA528 No. 41350 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad