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Neutral Citation No. - 2025:AHC:141473 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22766 of 2025 Applicant :- Faizan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Danish,Rajiv Sisodia Counsel for Opposite Party :- Shashank Dwivedi,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Rajiv Sisodia, learned counsel for applicant, Sri Shashank Dwivedi, learned counsel for opposite party no.4 and learned AGA for the State. 2. Present application has been preferred with a prayer to quash charge sheet no. 245 of 2024 dated 16.08.2024 in S.T. no. 161 of 2025 (State vs. Faizan) bearing Case Crime no. 357 of 2024 under section 333/74 BNS and section 7/8 POCSO Act, PS- Dhampur, District Bijnor pending in court of Special Judge (POCSO Act), Bijnor. 3. In compliance of earlier order dated 1.7.2025 passed by this Court, compromise verification report has already been received from learned Additional Sessions Judge/Special Judge (POCSO Act), Bijnor and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 7.7.2025 in presence of both the parties. 4. Sri Shashank Dwivedi, learned counsel for opposite party no.4 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant. 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.
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 S.T. no. 161 of 2025 (State vs. Faizan) bearing Case Crime no. 357 of 2024 under section 333/74 BNS and section 7/8 POCSO Act, PS- Dhampur, District Bijnor, are hereby quashed, only in respect of applicant herein. 9. Accordingly, the present application stands allowed. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 18.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad