SARVESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/29042/2025 · 2025-10-16
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 193020 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193020 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29042 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Manoj Kumar Mishra, learned counsel for applicants, Shri Saurabh Dwivedi, 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 proceedings of Criminal Case No.4129 of 2005 (State vs. Sarvesh Kumar and others) arising out of Case crime no.555 of 2005 under Sections 323, 504, 324 of IPC, Police Station Puranpur, District Pilibhit pending in the court of Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Pilibhit as well as charge sheet dated 20.05.2005 and summoning order dated 19.7.2005 on the basis of compromise deed dated 15.07.2025. 3. On the basis of verification report submitted by learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Pilibhit on the compromise deed dated 15.07.2025, entered between the parties which is available alongwith 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 Versus Counsel for Applicant(s) : Manoj Kumar Mishra Counsel for Opposite Party(s) : G.A., Saurabh Dwivedi Sarvesh Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
encourage genuine settlement of disputes between the parties. 6.
In view of the aforementioned facts and circumstances, the entire proceeding of Criminal Case No.4129 of 2005 (State vs. Sarvesh Kumar and others) arising out of Case crime no.555 of 2005 under Sections 323, 504, 324 of IPC, Police Station Puranpur, District Pilibhit pending in the court of Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Pilibhit, 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 17, 2025 Rakesh NA528 No. 29042 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad