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2025 DAILYLAW 194376 (ALL)

YASAR IQBAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/25988/2025 · 2025-10-08

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25988 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Krishna Dutt Awasthi, learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with a prayer to quash the entire proceeding of Criminal Case no. 179 of 2015 arising out of Case Crime no. 276 of 2014 under Section 467 IPC, PS- Aonla, District Bareilly pending in court of learned Judicial Magistrate, Ist, Aonla, Bareilly on the basis of compromise entered between the parties concerned on 16.6.2025 which has been verified on 18.6.2025 by learned Judicial Magistrate, Ist, Aonla, Bareilly. 3. Learned counsel for applicants submitted that earlier, applicants approached this Court by way of filing Application u/s 482 no. 7649 of 2019 (Yasar Iqal and 5 others vs. State of U.P. and another) wherein vide order dated 30.5.2025 passed by co-ordinate Bench of this Court, applicants were directed to appear before learned court concerned and get the compromise entered between them verified by the said court. In compliance of order dated 30.5.2025 passed by this Court, parties concerned appeared before court concerned and filed fresh compromise deed dated 16.6.2025 and the said compromise entered between applicants and opposite party no. 2 has been verified by learned court concerned and verification report dated 19.6.2025 has already been received from learned Judicial Magistrate, Ist, Aonla, Bareilly and the same is appended as Annexure no. 7 to the instant application wherein it is mentioned that compromise entered by both the Versus Counsel for Applicant(s) : Girja Shanker Sen, Krishna Dutt Awasthi Counsel for Opposite Party(s) : G.A. Yasar Iqbal And 2 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) parties have been verified by learned court concerned. 4. Learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicants. 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 Criminal Case no. 179 of 2015 arising out of Case Crime no. 276 of 2014 under Section 467 IPC, PS- Aonla, District Bareilly, are hereby quashed, only in respect of applicants namely Yasar Iqbal, Kasif Iqbal and Aqueel Ahmad. 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. 11. If at all, opposite party no. 2 feels that she has been duped or betrayed, NA528 No. 25988 of 2025 2 then in that event, she may file recall application explaining the reasons for filing the said application. October 9, 2025 Shaswat NA528 No. 25988 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad