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2025 DAILYLAW 194080 (ALL)

HAKEEM HASAN AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/26481/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26481 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. The present application has been filed to quash the charge-sheet dated 07.06.2020, cognizance/summoning order dated 10.04.2024 and the entire proceedings of Case No.13145 of 2024 (State vs. Hakeem Hasan and others) arising out of Case Crime No.158 of 2020, under sections 323, 504, 308 IPC, P.S. Kotwali Shahar, District- Bijnor, pending in the court of learned Chief Judicial Magistrate, Bijnor. 3. At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned Chief Judicial Magistrate, Bijnor on dated 21.08.2025, which has been appended with supplementary affidavit preferred on behalf of the applicants, this fact has also been ascertained and seconded by learned counsel for opposite parties. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise. 5. A three-Judge Bench of the 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 Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Avesh Mishra Counsel for Opposite Party(s) : G.A., Krishna Kant Tiwari Hakeem Hasan And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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. 6. 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. 7. Keeping in mind the position of law and facts, circumstances of the case, charge-sheet dated 07.06.2020, cognizance/summoning order dated 10.04.2024 and the entire proceedings of Case No.13145 of 2024 (State vs. Hakeem Hasan and others) arising out of Case Crime No.158 of 2020, under sections 323, 504, 308 IPC, P.S. Kotwali Shahar, District- Bijnor, pending in the court of learned Chief Judicial Magistrate, Bijnor, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after hearing the contesting parties. If at all, informant/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. 10. The parties may file the copy of this order before the court concerned within two weeks from today. October 14, 2025 Saif NA528 No. 26481 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad