HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19170 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Rajesh Pandey learned counsel for applicants and learned AGA for State. 2. Present application u/s 528 BNSS has been preferred with a prayer to allow the instant application and stay and quash the impugned order dated 28.04.2025 passed by learned Civil Judge (SD)/Additional Chief Judicial Magistrate, Sambhal at Chandausi and entire criminal proceedings of Case No.4567 of 2024 (State vs. Brajpal Giri and others) bearing Case Crime No.367 of 2022 under Sections 452, 323, 504, 506, 325, 308 IPC, Police Station Sambhal, District Sambhal as well as charge sheet dated 06.11.2022 and summoning order dated 17.07.2023 on the basis of compromise dated 09.09.2025. 3. On the basis of verification report submitted by learned Civil Judge (SD)/Additional Chief Judicial Magistrate, Sambhal at Chandausi on the compromise application dated 09.09.2025, entered between the parties which is appended along with Supplementary affidavit dated 16.09.2025. 4.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. 5. 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. Versus Counsel for Applicant(s) : Rajesh Pandey Counsel for Opposite Party(s) : G.A. Brajpal Giri And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view of the aforementioned facts and circumstances, the entire proceeding of Case No.4567 of 2024 (State vs. Brajpal Giri and others) bearing Case Crime No.367 of 2022 under Sections 452, 323, 504, 506, 325, 308 IPC, Police Station Sambhal, District Sambhal including charge sheet dated 06.11.2022 as well as cognizance order dated 17.07.2023 passed by learned Civil Judge (SD)/Additional Chief Judicial Magistrate, Sambhal at Chandausi, are hereby quashed. 7. Accordingly, the present application under Section 528 BNSS stands allowed. 8. The parties may file the copy of this order before the court concerned within two weeks from today. 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. October 9, 2025 Rakesh NA528 No. 19170 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad