Neutral Citation No. - 2025:AHC:124838 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 10197 of 2025 Applicant :- Mohammad Kashif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The present application has been filed to quash the entire proceedings of Criminal Case No.11797 of 2021 (State Vs. Mohd. Kashif) arising out of Case Crime No.328 of 2021, under sections 420, 467, 468, 471 IPC and sections 51, 63, 69 of Copyrights Act, P.S. Dhaulana, District- Hapur, pending in the court of learned Additional Civil Judge (Junior Division)-II/Judicial Magistrate, Hapur, including charge-sheet dated 29.09.2021 on the basis of compromise deed dated 18.04.2023 arrived at between the parties. 3. At the very outset, learned counsel for applicant submitted that compromise has already been preferred and the same has also been verified by learned Chief Judicial Magistrate, Hapur on dated 28.05.2025, which has been appended along with the records, this fact has also been ascertained and seconded by learned counsel for opposite parties. 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. 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, Criminal Case No.11797 of 2021 (State Vs. Mohd. Kashif) arising out of Case Crime No.328 of 2021, under sections 420, 467, 468, 471 IPC and sections 51, 63, 69 of Copyrights Act, P.S. Dhaulana, District- Hapur, pending in the court of learned Additional Civil Judge (Junior Division)-II/Judicial Magistrate, Hapur, including charge-sheet dated 29.09.2021, 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 :- 28.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad