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Neutral Citation No. - 2025:AHC:38901 Court No. - 74 Case :- APPLICATION U/S 482 No. - 17640 of 2024 Applicant :- Aman And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned AGA for the State.
2. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the charge sheet dated 01.10.2023 alongwith cognizance order dated 01.01.2024 passed by learned Civil Judge (J.D.)/Fast Track Court, Shamli as entire criminal proceeding of Case no. 3403/9 of 2024 (State vs. Sushil & others) arising out of Case Crime no. 444 of 2023, u/s 147, 148, 323, 504, 506, 336 IPC & 7 Crl. Law Amendment Act, Police Station- Kandhla, District- Shamli, pending in the court of learned Additional Chief Judicial Magistrate Kairana, Shamli.
3. Learned counsel for applicants submitted that the parties had entered into compromise on dated 13.08.2024 and the same has also been verified by Additional Chief Judicial Magistrate, Kairana vide order dated 14.08.2024 which is annexed as Annexure no. SA1 to the supplementary affidavit.
4. Learned AGA showed no objection to aforesaid contention of
learned counsel for applicants.
5. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been 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. 6.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.
7. 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.
8. In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 3403/9 of 2024 (State vs. Sushil & others) arising out of Case Crime no. 444 of 2023, u/s 147, 148, 323, 504, 506, 336 IPC & 7 Crl. Law Amendment Act, Police Station- Kandhla, District- Shamli as well as impugned charge sheet dated 01.10.2023 along with cognizance order dated 01.01.2024, are hereby quashed, only in respect of applicants herein namely Aman and Shivam.
9. Accordingly, the present application under Section 482 of the Code stands allowed.
10. The parties may file the copy of this order before the court concerned within two weeks from today.
Order Date :- 18.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad