Neutral Citation No. - 2025:AHC:21075 Court No. - 79 Case :- CRIMINAL APPEAL No. - 9372 of 2024 Appellant :- Shreenath Prasad Rajbhar And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ravindra Prakash Srivastava Counsel for Respondent :- Pradeep Kumar Tiwari,G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit filed by learned counsel for the appellants is taken on record. 2. Heard Sri Akhil Krishna, Advocate holding brief of Sri Ravindra Prakash Srivastava, learned counsel for the appellants, Sri Pradeep Kumar Tiwari, learned counsel for the respondent no.2 and learned A.G.A. for the State and perused the record. 3. The instant appeal has been filed to set-aside the impugned cognizance/summoning order dated 13.06.2024 passed by learned Special Judge (SC/ST Act), Sant Kabir Nagar in Sessions Case No. 333 of 2024 (State of UP vs. Shreenath Prasad Rajbhar and others) arising out of Case Crime No.320 of 2024, under Sections 323, 504, 506 I.P.C. and Sections 3(1)(Da), 3(1)(Dha) and 3(2)(Va) of SC/ST Act, P.S. Khalilabad, District- Sant Kabir Nagar as well as to stay the further proceedings of above-mentioned case pending in the court of learned Special Judge (SC/ST Act), Sant Kabir Nagar. 4. At the very outset, learned counsel for appellants submitted that both the parties have entered into compromise by way of preferring a compromise application, which has been verified by the concerned court and the same is kept on record, this fact has also been ascertained by learned counsel for respondent 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 has been 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. 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 proceedings to encourage genuine settlement of disputes between the parties. 8. Keeping in mind the position of law and facts, circumstances of the case, the entire proceedings of Sessions Case No. 333 of 2024 (State of UP vs. Shreenath Prasad Rajbhar and others) arising out of Case Crime No.320 of 2024, under Sections 323, 504, 506 I.P.C. and Sections 3(1)(Da), 3(1)(Dha) and 3(2)(Va) of SC/ST Act, P.S. Khalilabad, District- Sant Kabir Nagar, pending in the Court of learned Special Judge (SC/ST Act), Sant Kabir Nagar, is hereby quashed and the impugned order dated 13.06.2024 is hereby set-aside. 9. Accordingly, the instant appeal stands allowed. 10. This order is being passed by this Court after hearing the contesting parties and perusing the records kept on record preferred on behalf of the appellants. If at all, respondent no.2 feels that he has been duped or betrayed, then in that event, he 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 :- 13.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad