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Neutral Citation No. - 2025:AHC:48032 Court No. - 74 Case :- APPLICATION U/S 482 No. - 12507 of 2016 Applicant :- Israr And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Sanjay Kumar Srivastava Hon'ble Saurabh Srivastava,J.
1. Heard Sri Sushil Kumar Pandey, learned counsel for applicants, Sri Satyam Narain, holding brief of Shri Sanjay Kumar Srivastava, learned counsel for opposite party nos. 2 and 3 and learned AGA for State.
2. Present application u/s 482 Cr.P.C has been preferred with a prayer to allow the instant application and stay and quash the proceedings of Case No.6458/9 of 2012, (State vs. Israr & Others, Case Crime No.45 of 2012, under Sections 498-A, 323 of IPC, P.S. Mahila Thana, District Muzaffar Nagar including the charge sheet dated 2.8.2012 as well as
order of cognizance dated 12.12.2012 passed by learned Chief Judicial Magistrate, Muzaffar Nagar.
3. On the basis of verification report submitted by learned Chief Judicial Magistrate, Muzaffar Nagar on the compromise application dated 15.03.2015, entered between the parties, copy of the compromise deed dated 15.3.2015 alongwith order dated 10.05.2016, supplied by learned counsel for the applicant today is taken on record.
4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly 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. 5.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.
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. In view of the aforementioned facts and circumstances, the entire proceeding of Case No.6458/9 of 2012, (State vs. Israr & Others, Case Crime No.45 of 2012, under Sections 498-A, 323 of IPC, P.S. Mahila Thana, District Muzaffar Nagar including the charge sheet dated 2.8.2012 as well as
order of cognizance dated 12.12.2012 passed by learned Chief Judicial Magistrate, Muzaffar Nagar are hereby quashed.
8. Accordingly, the present application under Section 482 of the Code stands allowed.
9. The parties may file the copy of this order before the court concerned within two weeks from today.
Order Date :- 4.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad