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2025 DAILYLAW 201076 (ALL)

AJAY SINGH v. STATE OF U.P. AND ANOTHER

NA528/24229/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24229 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and Sri Yagyavalkya Pandey, learned counsel for opposite party no.2 as well as learned AGA. 2. The present application has been filed to quash entire criminal proceedings of Case No.495 of 2019 (State Vs. Ajay Singh), arising out of Case Crime No.11 of 2018, under Sections 504, 506, 332, 353, 352 IPC, P.S. Chakiya, District Chandauli, pending in the court of learned Judicial Magistrate, Chakiya, Chandauli. 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 12.09.2025 which has been appended with this petition, this fact has also been ascertained and seconded by learned counsel for opposite party no.2. 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 if 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 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 Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Somendra Kumar Shukla Counsel for Opposite Party(s) : G.A., Yagyavalkya Pandey Ajay Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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, entire criminal proceedings of Case No.495 of 2019 (State Vs. Ajay Singh), arising out of Case Crime No.11 of 2018, under Sections 504, 506, 332, 353, 352 IPC, P.S. Chakiya, District Chandauli, pending in the court of learned Judicial Magistrate, Chakiya, Chandauli, is 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, 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. 24229 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad