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2025 DAILYLAW 190687 (ALL)

PRIYA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/22862/2025 · 2025-10-06

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22862 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Akshay Kumar Shukla, learned counsel for applicants 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 impugned charge sheet no.162/2020 dated 18.12.2020 as well as its cognizance order dated 19.07.2021 in Case No.1955 of 2021 (State vs. Priya and others) arising out of Case Crime No.255 of 2020 under Sections 323, 504, 506, 324, 352 IPC, Police Station Saadh, District Kanpur Nagar pending in the court of Judicial Magistrate, Ghatampur, Kanpur Dehat in view of compromise dated 16.12.2024. 3. On the basis of verification report submitted by learned Judicial Magistrate/Civil Judge (JD), Ghatampur, Kanpur Dehat on the compromise application dated 16.12.2024, entered between the parties which is available in the records. 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 proceeding of Charge sheet no.162/2020 dated 18.12.2020 as well as its cognizance order dated 19.07.2021 in Case No.1955 of 2021 (State vs. Priya and others) arising out of Case Crime No.255 of 2020 under Sections 323, 504, 506, 324, 352 IPC, Police Station Saadh, District Kanpur Nagar pending in the court of Judicial Magistrate, Versus Counsel for Applicant(s) : Akshay Kumar Shukla Counsel for Opposite Party(s) : G.A. Priya And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Ghatampur, Kanpur Dehat in view of compromise dated 16.12.2024, 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. 9. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. October 7, 2025 Rakesh NA528 No. 22862 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad