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2025 DAILYLAW 192672 (ALL)

MOHAMMAD IKRAM AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18560/2025 · 2025-10-12

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18560 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 Ankit Kapoor, learned counsel for applicants, Sri Prashant Pandey, 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 proceeding of Criminal Case no. 995 of 2024 (State vs. Mohammad Ikram and others) under sections 419, 420, 467, 468, 471 IPC, PS- Jaitpura, District Varanasi pending in court of learned Additional Chief Judicial Magistrate, VIII, Varanasi and further be pleased to quash the charge sheet dated 9.12.2023 filed in Case Crime no. 18 of 2023 under sections 419, 420, 467, 468, 471 IPC, PS- Jaitpura, District Varanasi on the basis of compromise as the matter amicably been settled between the parties. 4. In compliance of earlier order dated 30.5.2025 passed by co-ordinate Bench of this Court, compromise verification report has already been received from learned Additional Chief Judicial Magistrate, Court no. 8, Varanasi and the same has been preferred today by learned counsel for applicants by way of supplementary affidavit which is taken on record, wherein it is mentioned that compromise has been verified on dated 7.10.2025 in presence of both the parties. 5. Sri Prashant Pandey, learned counsel for opposite party no. 2 and learned Versus Counsel for Applicant(s) : Ankit Kapoor Counsel for Opposite Party(s) : Prashant Pandey, G.A. Mohammad Ikram And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) AGA for the State showed no objection to aforesaid contention of learned counsel for applicants. 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 Criminal Case no. 995 of 2024 (State vs. Mohammad Ikram and others) under sections 419, 420, 467, 468, 471 IPC, PS- Jaitpura, District Varanasi, are hereby quashed, only in respect of applicants namely Mohd. Ikram, Niyaz Ahamad and Irshad Ahamad. 10. Accordingly, the present application stands allowed. 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 have been duped or betrayed, then in that event, she may file recall application explaining the reasons for NA528 No. 18560 of 2025 2 filing the said application. October 13, 2025 Shaswat NA528 No. 18560 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad