Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24486 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Mr. Fakhruddin, learned counsel for applicant and Sri Alauddin,
learned counsel for opposite party no.2 as well as learned AGA.
2. The present application has been filed to quash chargesheet dated 14.03.2016 and entire criminal proceedings of Criminal Case No.1138 of 2016 (State Vs. Baliram), arising out of Case Crime No.1010 of 2015, under Sections 419, 420, 465, 467, 468 IPC, P.S. Dhanghata, District Sant Kabir Nagar, pending in the court of learned Judicial Magistrate, Sant Kabir Nagar, on the basis of compromise.
3. At the very outset, learned counsel for applicant has submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 22.05.2025 which has been appended with this petition, this fact has also been ascertained and seconded by
learned counsel for opposite party no.2.
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 Versus Counsel for Applicant(s) : Fakhruddin Counsel for Opposite Party(s) : Alauddin, G.A. Baliram .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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, chargesheet dated 14.03.2016 and entire criminal proceedings of Criminal Case No.1138 of 2016 (State Vs. Baliram), arising out of Case Crime No.1010 of 2015, under Sections 419, 420, 465, 467, 468 IPC, P.S. Dhanghata, District Sant Kabir Nagar, pending in the court of learned Judicial Magistrate, Sant Kabir Nagar, 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 she has been duped or betrayed, then in that event, she 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. October 8, 2025 Vivek Kr. NA528 No. 24486 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad