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2026 DAILYLAW 5740 (ALL)

X JUVENILE v. STATE OF U.P. AND ANOTHER

NA528/32235/2026 · 2026-09-07

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32235 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. The present application has been filed to quash the charge-sheet dated 01.10.2023, cognizance/summoning order dated 25.01.2024 passed by learned Juvenile Justice Board, Shamli as well as the entire proceedings of Case No.18/9 of 2024 (State Vs. Nikhil son of Sanjeev), arising out of Case Crime No.444 of 2023, U/s 147, 148, 323, 504, 506, 336 IPC, and Section 7 of Crl. Law Amendment Act, P.S. Kandhla, District Shamli, pending in the court of learned Juvenile Justice Board, Shamli. 3. At the very outset, learned counsel for applicant submitted that compromise has already been preferred and the same has also been verified by learned Additional Chief Judicial Magistrate, Kairana on dated 14.08.2024, which has been appended with this application as Annexure No.7, this fact has also been ascertained and seconded by both the parties/learned counsel for applicant. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and 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. 5. 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 Versus Counsel for Applicant(s) : Mohd. Akbar Shah Alam Khan Counsel for Opposite Party(s) : G.A. X Juvenile .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 6. 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. 7. Keeping in mind the position of law and facts, circumstances of the case, charge-sheet dated 01.10.2023, cognizance/summoning order dated 25.01.2024 passed by learned Juvenile Justice Board, Shamli as well as the entire proceedings of Case No.18/9 of 2024 (State Vs. Nikhil son of Sanjeev), arising out of Case Crime No.444 of 2023, U/s 147, 148, 323, 504, 506, 336 IPC, and Section 7 of Crl. Law Amendment Act, P.S. Kandhla, District Shamli, pending in the court of learned Juvenile Justice Board, Shamli, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after hearing the contesting parties. 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 Ashish/- NA528 No. 32235 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad