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2026 DAILYLAW 1181 (ALL)

OM NARAYAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/16983/2026 · 2026-04-26

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16983 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Jeetendra Kumar Sharma, learned counsel for applicants and learned AGA for the State. 2. Present application has been preferred with a prayer to quash the entire proceeding of Criminal Case no. 20 of 2020 arising out of Case Crime no. 710 of 2019 under Sections 323, 504, 506 IPC, PS- Ajitmal, District Auraiya pending in court of learned Additional Chief Judicial Magistrate/F.T.C., Auraiya in pursuance of compromise dated 9.4.2026 and verification order dated 9.4.2026 passed by learned Additional Chief Judicial Magistrate/F.T.C., Auraiya. 3. Learned counsel for applicants submitted that in pursuance to directions issued by co-ordinate Bench of this Court in earlier Application u/s 482 no. 25751 of 2021 (Om Narayan and 3 others vs. State of U.P. and another), parties concerned appeared before court concerned and filed fresh compromise deed dated 9.4.2026 and the said compromise entered between applicants and opposite party no. 2 has been verified by learned court concerned and verification report dated 9.4.2026 issued by learned Additional Chief Judicial Magistrate/F.T.C., Auraiya has already been received and the same is appended as Annexure no. 7 to the instant application wherein it is mentioned that compromise entered by both the parties have been verified by learned court concerned. 4. Learned AGA for the State showed no objection to aforesaid contention of Versus Counsel for Applicant(s) : Jeetendra Kumar Sharma, Laxmi Dubey Counsel for Opposite Party(s) : G.A. Om Narayan And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) learned counsel for applicants. 5. From perusal of records, it transpires that the parties have amicably settled their dispute 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 verification report. 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 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 view of the aforementioned facts and circumstances, the entire proceeding of Criminal Case no. 20 of 2020 arising out of Case Crime no. 710 of 2019 under Sections 323, 504, 506 IPC, PS- Ajitmal, District Auraiya are hereby quashed only in respect of applicants herein. 9. Accordingly, the present application stands allowed. April 27, 2026 Shaswat NA528 No. 16983 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad