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Neutral Citation No. - 2025:AHC:68031 Court No. - 74 Case :- APPLICATION U/S 482 No. - 31327 of 2024 Applicant :- Firoz And 12 Others Opposite Party :- State Of Up And 5 Others Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.,Rajesh Kumar Tiwari Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicants, learned counsel for opposite party nos.2 to 6 and learned A.G.A. for State. Supplementary affidavit preferred on behalf of applicants is also taken on record.
2. The present application has been filed to quash the impugned charge-sheet nos.74 of 2022 & 74A of 2022 dated 11.05.2022 & 05.06.2022, cognizance/summoning order dated 20.09.2022 as well as the entire proceedings of S.T. No.1801 of 2024 (State Vs. Jahir and others), arising out of Case Crime No.90 of 2021, under sections 147, 148, 149, 160, 323, 324, 307, 504, 188, 269, 271 IPC and section 7 of Criminal Law Amendment Act and section 3(1) of The Epidemic Diseases Act, 2020 and section 51 of Disaster Management Act, 2005, P.S. Chhapar, District- Muzaffarnagar, pending in the court of learned Additional District Judge/Fast Track Court, Court No.3, Muzaffarnagar.
3. At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned Additional District Judge/Fast Track Court, Court No.3, Muzaffarnagar on dated 04.04.2025, which has been appended with supplementary affidavit preferred on behalf of the applicants, this fact has also been ascertained and seconded by
learned counsel for opposite parties.
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 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, charge-sheet nos.74 of 2022 & 74A of 2022 dated 11.05.2022 & 05.06.2022, cognizance/summoning order dated 20.09.2022 as well as the entire proceedings of S.T. No.1801 of 2024 (State Vs. Jahir and others), arising out of Case Crime No.90 of 2021, under sections 147, 148, 149, 160, 323, 324, 307, 504, 188, 269, 271 IPC and section 7 of Criminal Law Amendment Act and section 3(1) of The Epidemic Diseases Act, 2020 and section 51 of Disaster Management Act, 2005, P.S. Chhapar, District- Muzaffarnagar, 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 parties feel that they have been duped or betrayed, then in that event, they 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.
Order Date :- 29.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad