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2025 DAILYLAW 36756 (ALL)

BHURI SINGH AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS

NA528/11837/2025 · 2025-05-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87438 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11837 of 2025 Applicant :- Bhuri Singh And 4 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1.Supplementary affidavit preferred on behalf of applicants is taken on record. 2. Heard learned counsel for applicant and learned AGA for the State. 3. Present application u/s 528 BNSS has been preferred with a prayer to quash the charge sheet dated 03.11.2023 alongwith cognizance/summoning order dated 22.07.2024 along with entire criminal proceeding of Case no. 1334 of 2024 (State vs. Ramesh and others) arising out of Case Crime no. 501 of 2022, u/s 147, 452, 323, 325, 354B, 504, 506 IPC, 7/8 POCSO Act, Police Station- Iglas, District- Aligarh, pending in the court of learned Additional Dsitrict and Sessions Judge/Special Judge (POCSO Act), Court no. 3, Aligarh. 4. Learned counsel for applicant submitted that in compliance of earlier order dated 10.04.2025, verification report has already been received and the same is appended along with the order sheet and supplementary affidavit preferred today. The parties had entered into compromise on dated 25.05.2025 and the same has also been verified by Additional Sessions Judge (POCSO), Court no. 3, Aligarh vide order dated 01.05.2025 which is annexed as SA-1' to the supplementary affidavit. 5. Learned AGA showed no objection to aforesaid contention of learned counsel for applicants. 6. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties 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 compromise. 7.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. 8. 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. 9. In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 1334 of 2024 (State vs. Ramesh and others) arising out of Case Crime no. 501 of 2022, u/s 147, 452, 323, 325, 354B, 504, 506 IPC, 7/8 POCSO Act, Police Station- Iglas, District- Aligarh as well as impugned charge sheet dated 03.11.2023 alongwith cognizance/summoning order dated 22.07.2024, are hereby quashed, only in respect of applicants herein. 10. Accordingly, the present application stands allowed. 11. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 21.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad