GAURAV PRATAP SINGH AND 12 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/22639/2025 · 2025-10-09
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193379 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193379 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22639 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1.Compromise verification report dated 26.8.2025 preferred on behalf of applicants is taken on record.
2. Heard Sri Pushkar Kushwaha, learned counsel for applicants, Sri A.K.S.Kushwaha, 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. 64 of 2019 under sections 147, 323, 504, 427 of IPC (State vs. Gaurav Pratap Singh) arising out of Case Crime no. 802 of 2017, PS- Kotwali Tirva, District Kannauj as well as NBW order dated 10.11.2022 pending in court of Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Kannauj.
4. In compliance of earlier order dated 12.8.2025 passed by co-ordinate Bench of this Court, compromise verification report has already been received from learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Kannauj and the same has been preferred today by
learned counsel for applicants which is taken on record, wherein it is mentioned that compromise has been verified on dated 26.8.2025 in presence of both the parties.
5. Sri A.K.S.Kushwaha, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned Versus Counsel for Applicant(s) : Pushkar Kushwaha Counsel for Opposite Party(s) : Ajai Kumar Singh Kushwaha, Sonam Nishad, G.A. Gaurav Pratap Singh And 12 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 64 of 2019 under sections 147, 323, 504, 427 of IPC (State vs. Gaurav Pratap Singh) arising out of Case Crime no. 802 of 2017, PS- Kotwali Tirva, District Kannauj, are hereby quashed, only in respect of applicants namely Gaurav Pratap Singh, Praveen Yadav, Atmaram, Ravindra Kumar, Amit Singh, Sunil Kumar, Hardip Singh, Salman, Nitin, Aman Siddiqui, Santosh Singh, Divyanshu Singh and Harshit Kumar.
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. NA528 No. 22639 of 2025 2
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. 22639 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad