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2025 DAILYLAW 200975 (ALL)

DEEPAK CHAUHAN v. STATE OF U.P. AND ANOTHER

NA528/29818/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29818 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA. 2. The present application has been filed to quash chargesheet dated 17.05.2023 along with order dated 16.07.2025 and entire criminal proceedings of Criminal Case No.4679 of 2024 (State Vs. Ashok Chauhan and others), arising out of Case Crime No.358 of 2021, under Sections 406, 420, 120-B IPC, P.S. Narsaina, District Bulandshahar, pending in the court of learned A.C.J.M., Court No.3, Bulandshahar, on the basis of compromise. 3. At the very outset, learned counsel for applicant has submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 22.09.2025 which has been appended with this application. 4. The parties have amicably settled their dispute and as such, there would be no harm and error if the impugned 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 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 Versus Counsel for Applicant(s) : Hari Ram, Rajat Kushwaha Counsel for Opposite Party(s) : G.A. Deepak Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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, chargesheet dated 17.05.2023 along with order dated 16.07.2025 and entire criminal proceedings of Criminal Case No.4679 of 2024 (State Vs. Ashok Chauhan and others), arising out of Case Crime No.358 of 2021, under Sections 406, 420, 120-B IPC, P.S. Narsaina, District Bulandshahar, pending in the court of learned A.C.J.M., Court No.3, Bulandshahar, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. However it is made clear that if opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may seek recall of this order by way of filing recall application explaining the reasons. 10. The parties may file the copy of this order before the court concerned within two weeks from today. October 15, 2025 Vivek Kr. NA528 No. 29818 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad