Neutral Citation No. - 2025:AHC:67960 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8871 of 2025 Applicant :- Mohd. Faizan Alias Faiji And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- Bipin Kumar,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants, learned counsel for opposite party no.2 and learned A.G.A. for State. 2. The present application has been filed to quash the impugned charge-sheet dated 19.02.2023, cognizance/summoning order dated 23.02.2024 passed by learned Chief Judicial Magistrate, Fatehpur as well as entire proceedings of Criminal Case No.2719 of 2024 (State vs. Mohd. Faijan @ Faiji and 4 Others) arising out of Case Crime No.48 of 2023, under sections 147, 148, 323, 504, 506 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Kotwali, District- Fatehpur, pending in the court of learned Chief Judicial Magistrate, Fatehpur. 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, Fatehpur on dated 05.04.2025, which is in the records, 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 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 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. 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 19.02.2023, cognizance/summoning order dated 23.02.2024 passed by learned Chief Judicial Magistrate, Fatehpur as well as entire proceedings of Criminal Case No.2719 of 2024 (State vs. Mohd. Faijan @ Faiji and 4 Others) arising out of Case Crime No.48 of 2023, under sections 147, 148, 323, 504, 506 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Kotwali, District- Fatehpur, 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, 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. Order Date :- 29.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad