NIZAMUDDIN @ KAMRAN AND OTHERS v. State of U.P. AND ANOTHER
A482/20738/2024 · 2025-04-22
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71485 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71485 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:82607 Court No. - 74 Case :- APPLICATION U/S 482 No. - 20738 of 2024 Applicant :- Nizamuddin @ Kamran And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ravindra Kumar Mishra, 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 quash the cognizance order dated 19.4.2018 as well as charge sheet dated 17.10.2017 alongwith further criminal proceedings in Case No.1245/2024 arising out of Case Crime no.136 of 2017 under Sections 147, 148, 149, 352, 323, 504, 506, 325, 336 IPC read with Section 7 Criminal Law Amendment Act, Police Station Maharajganj District Azamgarh pending in the court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh, District Azamgarh on the basis of compromise dated 9.5.2024. 3. On the basis of verification report submitted by learned Additional Chief Judicial Magistrate, Court No.11, Azamgarh on the compromise application dated 09.05.2024, entered between the parties which is available on record, 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. 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. 6. In view of the aforementioned facts and circumstances, the entire proceeding of Case No.1245/2024 arising out of Case Crime no.136 of 2017 under Sections 147, 148, 149, 352, 323, 504, 506, 325, 336 IPC read with Section 7 Criminal Law Amendment Act, Police Station Maharajganj District Azamgarh pending in the court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh, District Azamgarh as well as charge sheet dated 17.10.2017 and cognizance order dated 19.4.2018, are hereby quashed. 7. Accordingly, the present application under Section 482 of the Code stands allowed. Order Date :- 23.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad