HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25203 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Ajai Kumar learned counsel for applicant, Ms. Shreya Shukla, learned counsel for opposite party no. 2 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 entire proceeding of Case No.37363 of 2023 (State vs. Rizwan and another) as well as charge sheet dated 05.07.2023 and summoning order dated 11.09.2023 arising out of Case Crime No.86 of 2023 under Sections 420 and 406 IPC, Police Station Chhajlet, District Moradabad on the basis of compromise dated 15.10.2024. 3. On the basis of verification report submitted by learned Additional Chief Judicial Magistrate, Court No.04, Moradabad on the compromise application dated 15.10.2024, entered between the parties which is appended along with the order sheet dated 15.10.2024 available at page no. 45 to 52 as Annexure no. 4, 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 the light of 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 Versus Counsel for Applicant(s) : Ajai Kumar Counsel for Opposite Party(s) : G.A., Kanchan, Shreya Shukla Noor Mohammad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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.37363 of 2023 (State vs. Rizwan and another) arising out of Case Crime No.86 of 2023 under Sections 420 and 406 IPC, Police Station Chhajlet, District Moradabad including charge sheet dated 05.07.2023 as well as cognizance order dated 11.09.2023 passed by learned Additional Chief Judicial Magistrate, Court No.04, Moradabad, 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. October 9, 2025 Rakesh NA528 No. 25203 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad