ONKARESHWAR MISHRA ALIAS KARAN AND 18 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 24841 of 2026

Onkareshwar Mishra Alias Karan And 18 Others
                                                              .....Applicant(s)
                                      Versus
State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)          :    Ayan Ahmed, Jayant Rai
Counsel for Opposite Party(s)     :    G.A., Sarthak Sinha, Shivangi Bihani

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.

1. Heard Sri Ayan Ahmed, 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 orders dated 14.08.2025
and 12.05.2025 along with entire criminal proceedings of Case No.4266 of
2025 (State Vs. Onkareshwar Mishra alias Karan and others), arising out of
Case Crime No.26 of 2025, under Sections 318(4), 316(2), 338, 336(3),
340(2), 111(2)(b) BNS, P.S. Gunnour, District Sambhal, pending in the court
of learned Civil Judge (S.D.), Sambhal at Chandausi, 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 01.09.2026 which has been appended
with supplementary affidavit, 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 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
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                                                                    2

                                    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. In the case of H.N. Pandakumar Vs. State of Karnataka [2025 INSC
                                    37], Hon'ble the Apex Court has also observed hat if the offence is non-
                                    compoundable which is having no serious impact on society then there
                                    would be no harm and error if the proceedings may be quashed in light of
                                    the compromise entered into between the parties. Relevant paragraph of the
                                    said judgment is being quoted hereinbelow:-

                                    "5. In light of the amicable settlement and the complainant's unequivocal
                                    consent, as evidenced by the Interlocutory Application, this Court finds it
                                    appropriate to allow the present M.A. While the offense under Section 326
                                    IPC is non- compoundable under the provisions of the Criminal Procedure
                                    Code, 1973, the exceptional circumstances of this case, including the
                                    voluntary settlement between the parties, warrant the exercise of this Court's
                                    inherent powers to give effect to the compromise."

                                    8. Keeping in mind the position of law and facts, circumstances of the
                                    case, orders dated 14.08.2025 and 12.05.2025 along with entire criminal
                                    proceedings of Case No.4266 of 2025 (State Vs. Onkareshwar Mishra alias
                                    Karan and others), arising out of Case Crime No.26 of 2025, under Sections
                                    318(4), 316(2), 338, 336(3), 340(2), 111(2)(b) BNS, P.S. Gunnour, District
                                    Sambhal, pending in the court of learned Civil Judge (S.D.), Sambhal at
                                    Chandausi, are hereby quashed.

                                    9. Accordingly, the present application stands allowed.

                                    September 11, 2026
                                    Vivek Kr.
                                                                                         (Saurabh Srivastava,J.)




Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad