RAJENDRA PRASAD JAISWAR v. STATE OF U.P. AND ANOTHER
NA528/14633/2025 · 2025-07-27
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48327 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48327 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124863 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 14633 of 2025 Applicant :- Rajendra Prasad Jaiswar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mary Puncha (Sheeb Jose),Mohd. Kalim Counsel for Opposite Party :- Sabihul Akhlaq Ansari,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 in pursuance to Case Crime No.121 of 2024 (State Vs. Rajendra Jaiswar) under sections 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Sindhora, District- Varanasi, pending in the court of learned Additional Chief Judicial Magistrate Ist, Varanasi including cognizance/summoning
order dated 18.11.2024. 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 Additional Chief Judicial Magistrate Ist, Varanasi on dated 06.05.2025, 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, Case Crime No.121 of 2024 (State Vs. Rajendra Jaiswar) under sections 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Sindhora, District- Varanasi, pending in the court of learned Additional Chief Judicial Magistrate Ist, Varanasi including cognizance/summoning order dated 18.11.2024, 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