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2025 DAILYLAW 90296 (ALL)

MAHINDI HASAN AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/29133/2024 · 2025-04-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49933 Court No. - 74 Case :- APPLICATION U/S 482 No. - 29133 of 2024 Applicant :- Mahindi Hasan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Aamir Counsel for Opposite Party :- Mohd Amish,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Mohd Aamir, learned counsel for applicants and Mohd Amish, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the entire proceeding of Case no. 2811 of 2023 (State vs. Mahindi Hasan and others) arising out of Case Crime no. 130 of 2022 under sections 120B, 323, 420, 467, 468, 471, 504, 506, 34 IPC and Section 92ka, 92kha, Right of persons with Disabilities Act, PS- Bhojpur, District Ghaziabad pending before learned ACJM 5th, Ghaziabad, pursuant to the charge sheet dated 23.07.2022 and cognizance order dated 14.12.2022 in the aforesaid case. 3. Learned counsel for applicants submitted that the parties had entered into compromise and in compliance to order dated 19.12.2024 passed by co-ordinate Bench of this Court, the same has also been verified by learned Additional Chief Judicial Magistrate, Court no. 5, Ghaziabad vide order dated 20.01.2025 which is annexed to the order sheet as Flag 'A' and this fact has been endorsed by Mohd Amish, 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 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. 5.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. 6. 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. In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 2811 of 2023 (State vs. Mahindi Hasan and others) arising out of Case Crime no. 130 of 2022 under sections 120B, 323, 420, 467, 468, 471, 504, 506, 34 IPC and Section 92ka, 92kha of Right of persons with Disabilities Act, PS- Bhojpur, District Ghaziabad pending before learned ACJM 5th, Ghaziabad against the applicants, are hereby quashed. 8. Accordingly, the present application under Section 482 of the Code stands allowed. 9. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 5.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad