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2025 DAILYLAW 39572 (ALL)

NUSRAT ALI AND 13 OTHERS v. State of U.P. AND ANOTHER

A482/9192/2024 · 2025-04-10

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:54617 Court No. - 74 Case :- APPLICATION U/S 482 No. - 9192 of 2024 Applicant :- Nusrat Ali And 13 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Khan,Saurabh Singh Counsel for Opposite Party :- 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. Supplementary affidavit preferred on behalf of applicants is also taken on record. 2. The present application has been filed to quash the impugned charge-sheet dated 09.11.2018, cognizance/summoning order dated 01.04.2019 passed by learned Additional Chief Judicial Magistrate, Ghazipur as well as entire proceedings of Criminal Case No.616 of 2019 (State Vs. Nusrat Ali and others), arising out of Case Crime No.108 of 2018, under sections 147, 148, 452, 323, 308, 336, 506, 427 IPC and section 7 of Criminal Law Amendment Act, P.S. Nonhara, District- Ghazipur, pending in the court of learned Additional Chief Judicial Magistrate, Ghazipur. 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 Additional Chief Judicial Magistrate, Ghazipur on dated 29.05.2024, which has been appended with supplementary affidavit preferred on behalf of the applicants, 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 09.11.2018, cognizance/summoning order dated 01.04.2019 passed by learned Additional Chief Judicial Magistrate, Ghazipur as well as entire proceedings of Criminal Case No.616 of 2019 (State Vs. Nusrat Ali and others), arising out of Case Crime No.108 of 2018, under sections 147, 148, 452, 323, 308, 336, 506, 427 IPC and section 7 of Criminal Law Amendment Act, P.S. Nonhara, District- Ghazipur, 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 :- 11.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad