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2025 DAILYLAW 192222 (ALL)

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

NA528/18881/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18881 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1.Supplementary affidavit preferred on behalf of applicants is taken on record. 2. Heard Sri Pradeep Kumar, learned counsel for applicants, Sri Piyush Patel, learned counsel for opposite party no. 2 and learned AGA for the State. 3. Present application has been preferred with a prayer to quash the entire criminal proceeding of Session Trial no. 1207 of 2023 Criminal Case no. 4083 of 2021 arising out of Case Crime no. 476 of 2020 related to charge sheet dated 28.10.2020 and cognizance order dated 27.8.2021 under sections 323, 504, 308 IPC, PS- Kotwali, District Maharajganj as well as summoning order dated 27.8.2021. 4. In compliance of earlier order dated 21.7.2025 passed by co- ordinate Bench of this Court, compromise verification report has already been received from learned Special Judge, POCSO Act, Maharajganj and the same has been preferred today by learned counsel for applicant by way of supplementary affidavit (appended as Annexure no. SA1) which is taken on record, wherein it is mentioned that compromise has been verified on dated 16.9.2025 in presence of both the parties. 5. Sri Piyush Patel, learned counsel for opposite party no. 2 and Versus Counsel for Applicant(s) : Pradeep Kumar Counsel for Opposite Party(s) : G.A., Piyush Patel Surendra And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 6. 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. 7. 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. 8. 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. 9. In view of the aforementioned facts and circumstances, the entire proceeding of Session Trial no. 1207 of 2023 arising out of Case Crime no. 476 of 2020 under sections 323, 504, 308 IPC, PS- Kotwali, District Maharajganj, are hereby quashed, only in respect of applicants namely Surendra, Shivkumar, Meli and Sumitra. 10. Accordingly, the present application stands allowed. NA528 No. 18881 of 2025 2 11. The parties may file the copy of this order before the court concerned within two weeks from today. 12. If at all, 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. October 10, 2025 Shaswat NA528 No. 18881 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad