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2026 DAILYLAW 1287 (ALL)

DHARMENDRA AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/16674/2026 · 2026-04-22

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16674 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Bindeshwari Prasad, 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. 7388 of 2025 arising out of Case Crime no. 268 of 2025 under Section 115(2), 131, 333, 351(2) BNS, PS- Tanda, District Rampur as well as set aside the cognizance order dated 9.9.2025 passed by learned Chief Judicial Magistrate, Rampur and charge sheet dated 8.6.2025. 3. Learned counsel for applicants submitted that earlier, applicants approached this Court by way of filing Application u/s 528 BNSS no. 47806 of 2025 (Dharmendra and 4 others vs. State of U.P. and 2 others) wherein vide order dated 13.1.2026 passed by co-ordinate Bench of this Court, applicants were directed to appear before learned court concerned and get the compromise entered between them verified by the said court. In compliance of order dated 13.1.2026 passed by this Court, parties concerned appeared before court concerned and filed fresh compromise deed and the said compromise entered between applicants and opposite party nos. 2 and 3 has been verified by learned court concerned and verification report dated 2.2.2026 has already been received from learned Chief Judicial Magistrate, Rampur and the same is appended as Annexure no. 9 to the instant application wherein it is mentioned that compromise entered by both the parties have been verified by learned court concerned. Versus Counsel for Applicant(s) : Bindeshwari Prasad Counsel for Opposite Party(s) : G.A. Dharmendra And 4 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 4. Learned AGA for the State 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 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. 7388 of 2025 arising out of Case Crime no. 268 of 2025 under Section 115(2), 131, 333, 351(2) BNS, PS- Tanda, District Rampur, are hereby quashed, only in respect of applicants herein. 9. Accordingly, the present application stands allowed. 10. If at all, opposite party nos. 2 and 3 feels that they have been duped or betrayed, then in that event, they may file recall application explaining the reasons for filing the said application. April 23, 2026 Shaswat NA528 No. 16674 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad