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Neutral Citation No. - 2025:AHC:94114 Court No. - 74 Case :- APPLICATION U/S 482 No. - 31395 of 2024 Applicant :- Pradeep And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- Mohammed Shadan,G.A. Hon'ble Saurabh Srivastava,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State. 3. The present application has been filed to quash the charge-sheet dated 13.04.2022, cognizance/summoning order dated 28.10.2022 as well as the entire proceedings of Case No.49155 of 2022 (State Vs. Pradeep and others), arising out of Case Crime No.1177 of 2021, under sections 323, 427, 504, 506, 325 and 452 IPC, P.S. Noida Sector 20, District Gautam Budh Nagar, pending in the court of learned Chief Judicial Magistrate, Gautam Budh Nagar, on the basis of compromise deed dated 12.08.2024. 4. At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned Chief Judicial Magistrate, Gautam Budh Nagar on dated 14.02.2025, which has been appended with supplementary affidavit preferred on behalf of the applicants, this fact has not been disputed by Sri Mohammed Shadan, learned counsel for opposite party no.2. 5. 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. 6. 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. 7.
7. 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. 8. Keeping in mind the position of law and facts, circumstances of the case, charge-sheet dated 13.04.2022, cognizance/summoning
order dated 28.10.2022 as well as the entire proceedings of Case No.49155 of 2022 (State Vs. Pradeep and others), arising out of Case Crime No.1177 of 2021, under sections 323, 427, 504, 506, 325 and 452 IPC, P.S. Noida Sector 20, District Gautam Budh Nagar, pending in the court of learned Chief Judicial Magistrate, Gautam Budh Nagar, are hereby quashed.
9. Accordingly, the present application stands allowed.
10. 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.
11. The parties may file the copy of this order before the court concerned within two weeks from today.
Order Date :- 30.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad