BNSS No. 29053 of 2025 · Allahabad High Court

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Shiv Sharan Tripathi learned counsel for applicants and learned AGA for State.

Present application u/s 528 BNSS has been preferred with a prayer to allow the instant application and stay and quash the entire proceedings of Case No.1041 of 2015 (State vs. Arvind and others) arising out of Case crime no.05 of 2014 under Sections 326, 504 of IPC, Police Station Pisawa, District Aligarh pending in the court of Judicial Magistrate (1st), Aligarh as well as summoning order dated 25.08.2015.

On the basis of verification report submitted by learned Judicial Magistrate (1st), Aligarh on the compromise application dated 22.09.2025, entered between the parties which is appended along with the order sheet.

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.

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.

In view of the aforementioned facts and circumstances, the entire 2 NA528 No. 29053 of 2025 proceeding of Case No.1041 of 2015 (State vs. Arvind and others) arising out of Case crime no.05 of 2014 under Sections 326, 504 of IPC, Police Station Pisawa, District Aligarh pending in the court of Judicial Magistrate (1st), Aligarh as well as summoning order dated 25.08.2015, are hereby quashed.

Accordingly, the present application under Section 528 BNSS stands allowed.

The parties may file the copy of this order before the court concerned within two weeks from today.

This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. October 17, 2025 Rakesh (Saurabh Srivastava,J.) RAKESH SINGH High Court of Judicature at Allahabad