SAVIR @ SAABIR ALI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/27663/2025 · 2025-10-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79525 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27663 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Ms. Namrata Dubey, learned counsel for applicants, Ms. Divya Chaurasia, 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 quash the entire proceedings of Criminal Case no.4348/2009 arising out of Case crime no.1273/2009 under Sections 326, 325, 452, 323, 324, 504, 506 IPC Police Station Quila, District Bareilly including charge sheet dated 18.08.2009 passed by Additional Chief Judicial Magistrate-III, Bareilly. 3. On the basis of verification report submitted by learned Additional Chief Judicial Magistrate-III, Bareilly on the compromise application dated 09.12.2024, entered between the parties which is available alongwith order sheet, 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 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 Versus Counsel for Applicant(s) : Namrata Dubey Counsel for Opposite Party(s) : Divya Chaurasia, G.A. Savir @ Saabir Ali And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 Criminal Case no.4348/2009 arising out of Case crime no.1273/2009 under Sections 326, 325, 452, 323, 324, 504, 506 IPC Police Station Quila, District Bareilly including charge sheet dated 18.08.2009 passed by Additional Chief Judicial Magistrate-III, Bareilly , 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 8, 2025 Rakesh NA528 No. 27663 of 2025 2 (Saurabh Srivastava,J.)
Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad