HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27802 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Anil Kumar Bajpai, learned counsel for applicant, Sri Abhinav Jaiswal, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash entire proceeding of Case no. 117722 of 2024 (State vs. Shivam Bajpai and others) pending before learned Chief Judicial Magistrate, Kanpur Nagar under sections 115(2), 352, 351(3), 127(2) & 74 BNS, 2023 at PS- Kotwali, District Kanpur Nagar arising out of Case Crime no. 0193 of 2024 under sections 115(2), 352, 351(3), 127(2) & 74 of BNS, 2023, PS- Kotwali, District Kanpur Nagar as well as charge sheet dated 11.11.2024 submitted by Investigating Officer and cognizance/summoning order dated 6.12.2024 passed by learned Chief Judicial Magistrate, Kanpur Nagar in Case no. 117722 of 2024 on the basis of compromise dated 7.7.2025 entered into between the applicant and opposite party no. 2 filed before learned Principal Judge, Family Court, Kanpur Nagar under Section 13-B of Hindu Marriage Act in the form of divorce petition. 3. Learned counsel for applicant submitted that verification has already been made on dated 30.8.2025 by learned Civil Judge (J.D.)/F.T.C. (CAW), Kanpur Nagar in respect of compromise which has already been entered by both the parties and reduced in writing on dated 30.8.2025 and the same verification has been made in pursuance to order dated 6.8.2025 passed in Application u/s 528 BNSS no. 28496 of 2025 (Shivam Bajpai @ Govind and 3 others vs. State of U.P. and another) and this fact has not been disputed by Versus Counsel for Applicant(s) : Anil Kumar Bajpai Counsel for Opposite Party(s) : Abhinav Jaiswal, G.A., Shashank Shekhar Shukla Shivam Bajpai .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Sri Abhinav Jaiswal, learned counsel for opposite party no. 2. Compromise verification report dated 30.8.2025 is appended as Annexure SA2 to the supplementary affidavit. 4. Learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 5. From perusal of records, it transpires that the parties have amicably settled their dispute 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 verification report. 6. 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. 7. 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. 8. In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 117722 of 2024 (State vs. Shivam Bajpai and others) arising out of Case Crime no. 0193 of 2024 under sections 115(2), 352, 351(3), 127(2) & 74 of BNS, 2023, PS- Kotwali, District Kanpur Nagar, are hereby quashed, only in respect of applicant herein. 9. Accordingly, the present application stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. NA528 No. 27802 of 2025 2 11. If at all, opposite party no. 2 feels that he/she has been duped or betrayed, then in that event, he/she may file recall application explaining the reasons for filing the said application. October 13, 2025 Shaswat NA528 No. 27802 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad