HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37645 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for parties. 2. Present application has been preferred with a prayer to quash the entire proceeding of Case no. 2617 of 2026 arising out of Case Crime no. 640 of 2025 under sections 352, 115(2), 351(3) BNS, PS- Bilari, District Moradabad including charge sheet dated 26.12.2025 and cognizance order dated 19.2.2026 passed by learned Additional Chief Judicial Magistrate 1st, Moradabad. 3. Learned counsel for applicants submitted that earlier, applicants approached this Court by way of filing Crl. Misc. Writ Petition no. 169 of 2026 (Ubaish vs. State of U.P. and 3 others) wherein vide order dated 19.1.2026 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 19.1.2026 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 no. 2 has been verified by learned court concerned and verification report dated 30.1.2026 has already been received from learned court concerned and the same is appended as Annexure no. 5 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) : Rakesh Kumar Verma Counsel for Opposite Party(s) : G.A. Ubaish .....Applicant(s) State of U.P. and Another .....Opposite Party(s) learned counsel for applicant. 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 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 Case no. 2617 of 2026 arising out of Case Crime no. 640 of 2025 under sections 352, 115(2), 351(3) BNS, PS- Bilari, District Moradabad, are hereby quashed, only in respect of applicants. 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 NA528 No. 37645 of 2026 2 reasons for filing the said application. September 16, 2026 Shaswat NA528 No. 37645 of 2026 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad