Allahabad High Court
Akhilesh And 5 Others vs State Of U.P. And 4 Others on 28 August, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:151705
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 1511 of 2025
Akhilesh And 5 Others
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Pradeep Kumar Tiwari
Counsel for Opposite Party(s)
:
Ravindra Prakash Srivastava, G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants; learned counsel for opposite party no.2; learned A.G.A. for State and perused the record.
2. The present application has been filed to quash the entire proceedings and charge sheet dated 25.07.2020 and cognizance as well as summoning order dated 30.07.2020, passed by the Civil Judge (S.D.) / FTC/ Additional Chief Judicial Magistrate, Sant Kabir Nagar against the applicant nos.1 to 5 in Session Case No.636 of 2022, (State versus Akhilesh and others), arising out of Case Crime No.340 of 2020, under Sections 147, 148, 308, 323, 506, 188, 271 IPC and 3 Pandemic Act, 1897 and 51(b) Disaster Management Act, 2005, Police Station Dhanghata, District Sant Kabir Nagar and cognizance as well as summoning order dated 12.01.2024, passed by the Court of Additional Sessions Judge (POCSO Act-I), Sant Kabir Nagar against the applicant no.6 in Session Case No.636 of 2022, (State versus Akhilesh and others), arising out of Case Crime No.340 of 2020, under Sections 308, 323, 506, 188, 271, 147, 148 IPC and 3 Pandemic Act, 1897, and 51(b) Disaster Management Act, 2005, pending before the Court of Additional Sessions Judge / Fast Track Court-II, Sant Kabir Nagar on the basis of compromise dated 22.10.2024.
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 District Judge, Sant Kabir Nagar on dated 09.05.2025, this fact has also been ascertained and seconded by learned counsel for opposite party no.2.
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 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, quash the entire proceedings and charge sheet dated 25.07.2020 and cognizance as well as summoning order dated 30.07.2020, passed by the Civil Judge (S.D.) / FTC/ Additional Chief Judicial Magistrate, Sant Kabir Nagar against the applicant nos.1 to 5 in Session Case No.636 of 2022, (State versus Akhilesh and others), arising out of Case Crime No.340 of 2020, under Sections 147, 148, 308, 323, 506, 188, 271 IPC and 3 Pandemic Act, 1897 and 51(b) Disaster Management Act, 2005, Police Station Dhanghata, District Sant Kabir Nagar and cognizance as well as summoning order dated 12.01.2024, passed by the Court of Additional Sessions Judge (POCSO Act-I), Sant Kabir Nagar against the applicant no.6 in Session Case No.636 of 2022, (State versus Akhilesh and others), arising out of Case Crime No.340 of 2020, under Sections 308, 323, 506, 188, 271, 147, 148 IPC and 3 Pandemic Act, 1897, and 51(b) Disaster Management Act, 2005, pending before the Court of Additional Sessions Judge / Fast Track Court-II, Sant Kabir Nagar, 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, 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.
10. The parties may file the copy of this order before the court concerned within two weeks from today.
(Saurabh Srivastava,J.) August 28, 2025 I.A.Siddiqui