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2025 DAILYLAW 192989 (ALL)

IKLAKH @ KHAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/25112/2025 · 2025-10-06

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25112 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties 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 charge sheet dated 06.06.2021 as well as cognizance/summoning order dated 15.12.2022 in Case No.405/2023 (State vs. Iklakh & Others) arising out of Case crime no.162/2021 under Sections 452, 323, 504, 506, 324, 308 IPC, Police Station Doghat, District Baghpat pending in the court of Civil Judge (SD)/F.T.C, Baghpat. 3. On the basis of verification report submitted by learned Judicial Magistrate(II), Muzaffar Nagar on the compromise application dated 11.03.2024, entered between the parties which is appended along order sheet. 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. 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 Versus Counsel for Applicant(s) : Abhishek Srivastava, Ajay Nand Pandey Counsel for Opposite Party(s) : G.A. Iklakh @ Khan And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) proceeding of Case No.405/2023 (State vs. Iklakh & Others) arising out of Case crime no.162/2021 under Sections 452, 323, 504, 506, 324, 308 IPC, Police Station Doghat, District Baghpat including charge sheet dated 06.06.2021 as well as cognizance order dated 15.12.2022 passed by learned Civil Judge (SD)/F.T.C, Baghpat, 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. 9. This order is being passed by this Court after hearing the contesting parties. 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 7, 2025 Rakesh NA528 No. 25112 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad