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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27760 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties. 2. The present application has been filed to quash the charge-sheet dated 04.04.2022, cognizance/summoning order dated 05.05.2022 and the entire proceedings of Case No.32867 of 2022 (State vs. Shashank Mohan) arising out of Case Crime No.146 of 2021, under sections 452, 354B, 323, 504, 506 IPC, P.S. Civil Lines, District- Moradabad, pending in the court of learned Additional Judge S.C.C., Moradabad, on the basis of compromise dated 09.07.2025 made between the parties. 3. At the very outset, learned counsel for applicant submitted that compromise has already been preferred and the same has also been verified by learned Additional Judge S.C.C., Moradabad on dated 20.08.2025, which has been appended with short counter affidavit preferred on behalf of opposite party no.2, this fact has also been ascertained and seconded by both the parties. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and jointly submitted that there would be no harm and error and would be in the interest of justice that 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 58 of the said judgment that where the High Court quashes a criminal proceeding having Versus Counsel for Applicant(s) : Ravindra Pratap Singh, Sankatha Devi Counsel for Opposite Party(s) : Ajai Kumar, G.A. Shashank Mohan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 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, charge-sheet dated 04.04.2022, cognizance/summoning order dated 05.05.2022 and the entire proceedings of Case No.32867 of 2022 (State vs. Shashank Mohan) arising out of Case Crime No.146 of 2021, under sections 452, 354B, 323, 504, 506 IPC, P.S. Civil Lines, District- Moradabad, pending in the court of learned Additional Judge S.C.C., Moradabad, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after hearing the contesting parties. If at all, informant/opposite party no.2 feels that she has been duped or betrayed, then in that event, she may file recall application explaining the reasons for filing the said application. 10. The parties may file the copy of this order before the court concerned within two weeks from today. October 14, 2025 Saif NA528 No. 27760 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad