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2025 DAILYLAW 192113 (ALL)

FARZAN ALIAS MOHD FARZAN ALIAS MOHD FARZAN KHAN ALIAS BOBBY v. STATE OF U.P. AND ANOTHER

NA528/23886/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23886 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Mr. Irshad Ahmad, learned counsel for applicant, Mr. Mohd. Akram, learned counsel for opposite party no. 2 and learned AGA for the State. 2. Present application has been preferred with a prayer to quash charge sheet dated 7.3.2020 as well as cognizance order dated 24.8.2020 arising out of Case Crime no. 8 of 2020 under sections 147, 148, 323, 504, 506 IPC, PS- Chamanganj, District Kanpur Nagar on the basis of compromise pending in court of learned Civil Judge (J.D.), 10th Kanpur Nagar. 3. In compliance of earlier order dated 6.8.2025 passed by this Court, compromise verification report has already been received from learned Additional Civil Judge (J.D.)-10/Judicial Magistrate, Kanpur Nagar and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 21.8.2025 in presence of both the parties. 4. Mr. Mohd. Akram, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 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. Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A., Mohd Akram Farzan Alias Mohd Farzan Alias Mohd Farzan Khan Alias Bobby .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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 Case Crime no. 8 of 2020 under sections 147, 148, 323, 504, 506 IPC, PS- Chamanganj, District Kanpur Nagar, are hereby quashed, only in respect of applicant herein. 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. 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 10, 2025 Shaswat NA528 No. 23886 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad