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2025 DAILYLAW 192422 (ALL)

RAFEEK AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS

NA528/19784/2025 · 2025-10-09

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19784 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Ram Babu Singh, learned counsel for applicants, Sri Anil Kumar Gupta, learned counsel for opposite party no. 2 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 entire proceeding of Sessions Trial No.930 of 2022 (State vs. Rafeek and others) arising out of Case crime no.117 of 2021 under Sections 147, 323, 427, 452, 504, 506, 308 of IPC, Police Station Talgram, District Kannauj including charge sheet dated 02.07.2021 as well as cognizance/summoning order dated 08.06.2022 passed by learned Additional District Judge-I, Kannauj on the basis of the compromise entered into between the parties dated 21.02.2024. 3. On the basis of verification report submitted by learned Additional District Judge-I, Kannauj on the compromise application dated 21.02.2024, entered between the parties which has been appended along with the supplementary affidavit dated 09.10.2025 available as Annexure no. SA1, the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly 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 the light of compromise. Versus Counsel for Applicant(s) : Ram Babu Singh Counsel for Opposite Party(s) : Anil Kumar Gupta, G.A. Rafeek And 6 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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. 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 encourage genuine settlement of disputes between the parties. 6. In view of the aforementioned facts and circumstances, the entire proceeding of Sessions Trial No.930 of 2022 (State vs. Rafeek and others) arising out of Case crime no.117 of 2021 under Sections 147, 323, 427, 452, 504, 506, 308 of IPC, Police Station Talgram, District Kannauj including charge sheet dated 02.07.2021 as well as cognizance/summoning order dated 08.06.2022 passed by learned Additional District Judge-I, Kannauj, 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. October 10, 2025 Rakesh NA528 No. 19784 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad