Allahabad High Court
Hafiz Asgar Ali And Another vs State Of Up And 4 Others on 26 September, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:175688
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 17291 of 2024
Hafiz Asgar Ali And Another
.....Applicant(s)
Versus
State Of Up And 4 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Keshari Nath Tripathi
Counsel for Opposite Party(s)
:
G.A., Pramod Kumar Singh
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. The present application has been filed to quash chargesheet dated 21.05.2023 and summoning/cognizance order dated 10.08.2023 as well as entire criminal proceedings of S.C No.1280 of 2023 (State Vs. Hafiz Asgar Ali and others), arising out of Case Crime No.167 of 2023, under Sections 354, 506 IPC and Section 7/8 of POCSO Act, P.S. Bilari, District Moradabad, pending in the court of learned Special Judge, POCSO Act, Court No.1, Moradabad, on the basis of compromise.
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 court concerned on dated 08.07.2024 which has been appended with this petition, 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,chargesheet dated 21.05.2023 and summoning/cognizance order dated 10.08.2023 as well as entire criminal proceedings of S.C No.1280 of 2023 (State Vs. Hafiz Asgar Ali and others), arising out of Case Crime No.167 of 2023, under Sections 354, 506 IPC and Section 7/8 of POCSO Act, P.S. Bilari, District Moradabad, pending in the court of learned Special Judge, POCSO Act, Court No.1, Moradabad, 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.) September 26, 2025 Vivek Kr.