KRISHNA GOPAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/17673/2025 · 2025-10-06
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193381 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193381 (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. - 17673 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri Chandra Kumar learned counsel for applicants, Sri Janardan Singh, 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 Criminal Case No. 200/2017 (State vs. Krishna Gopal and others), arising out of Case Crime no.231 of 2017 under Sections 420, 467, 468, 471 of IPC, Police Station Karvi, District Chitrakoot pending in the court of learned Chief Judicial Magistrate, Chitrakoot. 3. On the basis of verification report submitted by learned Chief Judicial Magistrate, Chitrakoot on the compromise entered between the parties which has been appended along with the supplementary affidavit dated 17.09.2025 as Annexure no. SA2, the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly 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 the light of compromise. 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 Versus Counsel for Applicant(s) : Chandra Kumar Counsel for Opposite Party(s) : G.A., Janardan Singh Krishna Gopal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 proceeding of Criminal Case No. 200/2017 (State vs. Krishna Gopal and others), arising out of Case Crime no.231 of 2017 under Sections 420, 467, 468, 471 of IPC, Police Station Karvi, District Chitrakoot pending in the court of learned Chief Judicial Magistrate, Chitrakoot, 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 7, 2025 Rakesh NA528 No. 17673 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad