THAN SINGH AND 2 OTHERS v. STATE OF U.P, AND 5 OTHERS
NA528/34691/2026 · 2026-09-27
Saurabh Srivastava
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11037 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11037 (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. - 34691 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up out of turn from the category of cases which have been mentioned in the morning on account of urgency. Heard
learned counsel for parties.
2. Present application has been preferred with a prayer to quash entire proceeding of Session Trial no. 797 of 2015 arising out of Case Crime no. 175 of 2013 under sections 147, 148, 149, 323, 504, 506, 325, 452, 307 IPC, PS- Gonda, District- Aligarh.
3. In compliance of earlier order passed by this Court, compromise verification report has already been received from learned concerned court and the same is appended to order sheet wherein it is mentioned that compromise has been verified in presence of both the parties.
4. Learned counsels for respondents showed no objection to aforesaid contention of learned counsel for applicants.
5. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by
learned counsel for the parties and it has been 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. 6. 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 Versus Counsel for Applicant(s) : Anupam Kumar Shukla, Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Than Singh And 2 Others .....Applicant(s) State Of U.P, And 5 Others .....Opposite Party(s)
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 proceeding to encourage genuine settlement of disputes between the parties. 8. In case of H.N.Pandakumar vs. State of Karnataka [2025 INSC 37], Hon'ble Apex Court has also observed that if the offence is non- compoundable which is having no serious impact on society then there would be no harm and error if the proceedings may be quashed in light of the compromise entered into between the parties. 9. In view of the aforementioned facts and circumstances, the entire proceeding of Session Trial no. 797 of 2015 arising out of Case Crime no. 175 of 2013 under sections 147, 148, 149, 323, 504, 506, 325, 452, 307 IPC, PS- Gonda, District- Aligarh, are hereby quashed, only in respect of applicants herein. 10. Accordingly, the present application stands allowed. 11. If at all, opposite party no. 2 feels that he/she has been duped or betrayed, then in that event, he/she may file recall application explaining the reasons for filing the said application.
September 28, 2026 Shaswat NA528 No. 34691 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad