NA528/10718/2026 of AFROZ AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10718 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned counsel for opposite party no.2 as well as learned AGA. 2. The present application has been filed to quash chargesheet dated 05.10.2025 and cognizance/summoning order dated 17.10.2025 along with entire criminal proceedings of Session Trial No.805 of 2025, arising out of Case Crime No.134 of 2025, under Sections 115(2), 352, 351(3), 74 BNS, P.S. Chauri, District Bhadohi Gyanpur, pending in the court of learned Special/ Additional Session Judge (POCSO), Bhadohi Gyanpur, on the basis of compromise. 3. At the very outset, learned counsel for applicants has submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 13.04.2026 which has been appended with this ordersheet, 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 as such, there would be no harm and error if 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 54 of the said judgment that where the High Court quashes a criminal proceeding Versus Counsel for Applicant(s) : Vibhor Arora, Zeeshan Mazhar Counsel for Opposite Party(s) : G.A., Mohd. Nasim Ahmad Afroz 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 restored; 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 05.10.2025 and cognizance/summoning order dated 17.10.2025 along with entire criminal proceedings of Session Trial No.805 of 2025, arising out of Case Crime No.134 of 2025, under Sections 115(2), 352, 351(3), 74 BNS, P.S. Chauri, District Bhadohi Gyanpur, pending in the court of learned Special/ Additional Session Judge (POCSO), Bhadohi Gyanpur, 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 seek recall of this order by way of filing recall application explaining the reasons. April 24, 2026 Ashish/- NA528 No. 10718 of 2026 2 (Saurabh Srivastava,J.)