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2025 DAILYLAW 192844 (ALL)

ABDUL TAHIR @ MUNNU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15913/2025 · 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. - 15913 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1.Compromise verification report dated 2.9.2025 preferred on behalf of applicants is taken on record. 2. Heard Sri A.K.Singh, learned counsel for applicants, Sri M.K.Dubey, 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 Case no. 18333 of 2007 (State vs. Abdul Tahir and others) arising out of charge sheet/final report no. 57 of 2006, dated 31.5.2006 in Case Crime no. 97A/2006, FIR no. 152 of 2006 under sections 452, 504, 506, 427, 394, 323 IPC against the applicants, PS- Civil Lines, District Aligarh pending in court of learned Chief Judicial Magistrate, Aligarh be quashed in which Chief Judicial Magistrate, Aligarh has taken cognizance summoned the applicants on 11.12.2007. 4. In compliance of earlier order dated 13.8.2025 passed by co- ordinate Bench of this Court, compromise verification report has already been received from learned Chief Judicial Magistrate, Aligarh and the same has been preferred today by learned counsel for applicant which is taken on record, wherein it is mentioned that compromise has been verified on dated 2.9.2025 in presence of both the parties. Versus Counsel for Applicant(s) : Atul Kumar Singh Counsel for Opposite Party(s) : G.A., Mahesh Kumar Dubey Abdul Tahir @ Munnu And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Sri M.K.Dubey, learned counsel for opposite party no. 2 and 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 Criminal Case no. 18333 of 2007 (State vs. Abdul Tahir and others) arising out of Case Crime no. 97A/2006 under sections 452, 504, 506, 427, 394, 323 IPC, PS- Civil Lines, District Aligarh, are hereby quashed, only in respect of applicants namely Abdul Tahir @ Munnu, Mohd. Shahid @ Guddu and Showbi. NA528 No. 15913 of 2025 2 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 he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. October 10, 2025 Shaswat NA528 No. 15913 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad