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2025 DAILYLAW 191677 (ALL)

PAPPU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/27490/2025 · 2025-10-06

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27490 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Shyam Shanker Pandey 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 stay and quash the charge sheet dated 30.08.2023 in Case Crime No.149/2023 under Sections 323, 324, 352, 308, 504, 506 IPC, Police Station Kakrauli District Muzaffar Nagar and summoning order dated 26.09.2023 passed by learned Additional Civil Judge (Junior Division)05/Judicial Magistrate, Muzaffar Nagar as well as entire criminal proceeding of Case No.32812/2023 (State vs. Pappu and others) arising out of Case Crime No.149/2023 under Sections 323, 324, 352, 308, 504, 506 IPC, Police Station Kakrauli, District Muzaffar Nagar. 3. On the basis of verification report submitted by learned Judicial Magistrate(II), Muzaffar Nagar on the compromise application dated 30.08.2025, entered between the parties which is appended along with Supplementary affidavit dated 07.10.2025. 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 Versus Counsel for Applicant(s) : Shyam Shanker Pandey Counsel for Opposite Party(s) : G.A. Pappu And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) encourage genuine settlement of disputes between the parties. 6. In view of the aforementioned facts and circumstances, the entire proceeding of Case No.32812/2023 (State vs. Pappu and others) arising out of Case Crime No.149 of 2023 under Sections 323, 324, 352, 308, 504, 506 IPC, Police Station Kakrauli, District Muzaffar Nagar including charge sheet dated 30.08.2023 as well as cognizance order dated 26.09.2023 passed by learned Additional Civil Judge (Junior Division)-05/Judicial Magistrate, Muzaffar Nagar, 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. 27490 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad