AJAY KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/29051/2026 · 2026-09-20
Saurabh Srivastava
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9514 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9514 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29051 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 08.08.2019, cognizance/summoning order dated 05.02.2026 and the entire proceedings of Case No.38 of 2026 (State vs. Ajay Kumar and others) arising out of Case Crime No.330 of 2019, under sections 323, 504, 506, 427 IPC, P.S. Mauaima, District Prayagraj, pending in the court of learned Special Chief Judicial Magistrate, Allahabad. 3. At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned Special Chief Judicial Magistrate, Prayagraj on dated 13.08.2026, which has been appended with ordersheeet to this application, this fact has also been ascertained and seconded by learned counsel for opposite parties. 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 said judgment that where the High Court quashes a criminal proceeding Versus Counsel for Applicant(s) : Jitendra Kumar Tiwari Counsel for Opposite Party(s) : Anil Mishra, G.A. Ajay Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 08.08.2019, cognizance/summoning order dated 05.02.2026 and the entire proceedings of Case No.38 of 2026 (State vs. Ajay Kumar and others) arising out of Case Crime No.330 of 2019, under sections 323, 504, 506, 427 IPC, P.S. Mauaima, District Prayagraj, pending in the court of learned Special Chief Judicial Magistrate, Allahabad, 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 21, 2026 Ashish/- NA528 No. 29051 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad