Allahabad High Court
Danish Ahmad And 3 Otehrs vs State Of U.P. And Another on 20 May, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:84945 Court No. - 74 Case :- APPLICATION U/S 482 No. - 46331 of 2023 Applicant :- Danish Ahmad And 3 Otehrs Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Pandey Counsel for Opposite Party :- G.A.,Smriti Shukla Hon'ble Saurabh Srivastava,J.
1. Heard Sri Anup Kumar Pandey, learned counsel for applicant, Ms. Smrity Shukla, learned counsel for opposite party no. 2 and learned AGA for State.
2. Present application u/s 482 Cr.P.C has been preferred with a prayer to allow the instant application and stay and quash the entire criminal proceeding arising out of charge sheet dated 23.11.2022 as well as summoning order dated 27.6.2023 in Case Crime No.510 of 2022 (State vs. Danish Ahmad and others), under Sections 323, 504, 506, 427 IPC, Police Station Ramgarhtal, District Gorakhpur in Case No.36392 of 2023 pending before Chief Judicial Magistrate, Gorakhpur.
3. On the basis of verification report submitted by learned Chief Judicial Magistrate, Gorakhpur on the compromise application, entered between the parties which is available in records, the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and it has been jointly 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 compromise.
4. 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.
5. 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.
6. In view of the aforementioned facts and circumstances, the entire proceeding arising out of charge sheet dated 23.11.2022 as well as summoning order dated 27.6.2023 in Case Crime No.510 of 2022 (State vs. Danish Ahmad and others), under Sections 323, 504, 506, 427 IPC, Police Station Ramgarhtal, District Gorakhpur in Case No.36392 of 2023 pending before Chief Judicial Magistrate, Gorakhpur, are hereby quashed.
7. Accordingly, the present application under Section 482 of the Code stands allowed.
8. The parties may file the copy of this order before the court concerned within two weeks from today.
Order Date :- 20.5.2025 Rakesh