HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23054 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned AGA for State. 2. The present application has been filed for seeking quashing of the entire proceedings of ST No.22 of 2023 (State vs. Shani Yadav) and ST No.114 of 2022 (State vs. Javed and Others) arising out of Case Crime No.64 of 2022, under Sections 307, 147, 148, 149, 323, 504, 506, 120B, 34 IPC, P.S. Mandi Dhanaura, District- Amroha, pending in the court of learned Judicial Magistrate, Amroha, including charge-sheet dated 10.06.2022 and cognizance/summoning 04.08.2022. 3. At the very outset, learned counsel for applicants submitted that both the parties have already entered into compromise, which was also preferred before learned court concerned and while adjudicating the same, learned court concerned rejected the compromise vide impugned order dated 07.05.2026 on the ground that the offences in which the applicants have been implicated are non-compoundable in nature. Learned counsel for applicants relied upon the judgment rendered by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab (2012) 10 SCC 303 to submit that if the offence is non-compoundable and the parties have amicably settled their dispute, the entire criminal proceedings may be quashed on the basis of compromise entered into between the parties. The relevant paragraph of said is being quoted herein below:- "54. Where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and the victim has been settled although the offences are not compoundable, it Versus Counsel for Applicant(s) : Saurabh Tripathi Counsel for Opposite Party(s) : G.A. Shani Yadav And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 restored; securing the ends of justice being the ultimate guiding factor..." 4. On the other hand, learned AGA did not dispute the said fact that both the parties have already amicably settled their dispute and now opposite parties does not want to prosecute the applicants. 5. The argument raised by learned counsel for applicants seems to be justified, since in catena of the judgments, Hon'ble the Apex Court has 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. In the case of H.N. Pandakumar Vs. State of Karnataka [2025 INSC 37], Hon'ble the Apex Court has also observed as under:- "5. In light of the amicable settlement and the complainant's unequivocal consent, as evidenced by the Interlocutory Application, this Court finds it appropriate to allow the present M.A. While the offense under Section 326 IPC is non- compoundable under the provisions of the Criminal Procedure Code, 1973, the exceptional circumstances of this case, including the voluntary settlement between the parties, warrant the exercise of this Court's inherent powers to give effect to the compromise." 6. Considering the above rival submissions as well as material available on record, this Court finds that once the essence of the compromise entered by both the parties has already been verified by them, no cause of action survives for continuance of the proceedings in which the applicants have been implicated being Case Crime No.64 of 2022, at P.S. Mandi Dhanaura, District- Amroha. 7. In view of the aforementioned facts and circumstances of the case, the entire proceedings of ST No.22 of 2023 (State vs. Shani Yadav) and ST No.114 of 2022 (State vs. Javed and Others) arising out of Case Crime No.64 of 2022, under Sections 307, 147, 148, 149, 323, 504, 506, 120B, 34 IPC, P.S. Mandi Dhanaura, District- Amroha, pending in the court of learned Judicial Magistrate, Amroha, including charge-sheet dated 10.06.2022 and NA528 No. 23054 of 2026 2 cognizance/summoning 04.08.2022, are hereby set aside. 8. The instant application stands allowed accordingly. 9. This order is being passed by this Court after hearing the learned counsel for applicant and learned AGA. If at all, informant/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 8, 2026 Saif NA528 No. 23054 of 2026 3 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad