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Neutral Citation No. - 2025:AHC:50050 Court No. - 74 Case :- APPLICATION U/S 482 No. - 32215 of 2016 Applicant :- Ilyas And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Satyam Narayan, learned counsel for applicants 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.605 of 2016, (State vs. Ilyas and another, under Sections 452, 323,504,506 of IPC arising out Crime no.356 of 2015, Police station Lisarigate, District Meerut, passed by learned Additional Chief Judicial Magistrate, Court No.6, Meerut. 3. On the basis of verification report submitted by learned Additional Chief Judicial Magistrate, Court No.6, Meerut dated 7.8.2019 in the aforesaid case, entered between the parties, copy of the compromise deed, appended alongwith instant application as Annexure no.3. 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.605 of 2016, (State vs. Ilyas and another, under Sections 452, 323,504,506 of IPC arising out Crime no.356 of 2015, Police station Lisarigate, District Meerut, passed by learned Additional Chief Judicial Magistrate, Court No.6, Meerut is 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