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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17510 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri V.P.Singh, learned counsel for applicants, Sri Swatantra Kumar, learned counsel for opposite party no. 2 and learned AGA for the State. 2. Present application has been preferred with a prayer to quash the entire criminal proceeding of Criminal Case no. 4478 of 2015 arising out of Case Crime no. 842 of 2015 under sections 420, 467, 468, 471, 120B IPC, PS- Sihani Gate, District Ghaziabad as well as order dated 13.2.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 3, Ghaziabad on the basis of compromise settlement dated 13.2.2025 occurred between the parties. 3. In compliance of earlier order dated 30.5.2025 passed by this Court, compromise verification report has already been received from learned Additional Chief Judicial Magistrate, IIIrd, Ghaziabad and the same is appended as Annexure nos. SA1 and 2 to supplementary affidavit wherein it is mentioned that compromise has been verified on dated 4.7.2025 in presence of both the parties. 4. Sri Swatantra Kumar, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicants. Versus Counsel for Applicant(s) : Vidya Prakash Singh Counsel for Opposite Party(s) : G.A., Swatantra Kumar Dhanpal And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise. 6.
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. 7. 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. 8. In view of the aforementioned facts and circumstances, the entire proceeding of Criminal Case no. 4478 of 2015 arising out of Case Crime no. 842 of 2015 under sections 420, 467, 468, 471, 120B IPC, PS- Sihani Gate, District Ghaziabad, are hereby quashed, only in respect of applicants namely Dhanpal, Manoj and Harvind @ Harendra. 9. Accordingly, the present application stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. NA528 No. 17510 of 2025 2
11.If at all, opposite party no. 2 feels that he/she has been duped or betrayed, then in that event, he/she may file recall application explaining the reasons for filing the said application. October 13, 2025 Shaswat NA528 No. 17510 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad