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Allahabad High Court

SANJU @ SANJEEV CHATURVEDI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court quashed the charge‑sheet, cognizance order and the entire criminal proceedings, holding that the compromise between the parties warrants termination of the case.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 10‑11‑2020, the cognizance and summoning order dated 09‑12‑2020, and the entire Session proceedings (Case No. 770 of 2020) relating to offences under Sections 392 and 411 IPC. The parties had amicably settled the dispute, and the compromise was verified by the Special Judge on 05‑09‑2026 and acknowledged by both counsel. Relying on Supreme Court precedents in Gian Singh v. State of Punjab and Madhavrao Jiwajirao Scindia v. Sambhajirao Angre, the Court held that continuation of criminal proceedings despite a genuine settlement would be futile and contrary to the ends of justice. Consequently, the High Court quashed the charge‑sheet, the cognizance order and the entire proceedings. The application was allowed, and the matter was disposed of.

Issues considered

  • Whether criminal proceedings for non‑compoundable offences under Sections 392 and 411 IPC can be quashed on the basis of a compromise between the accused and the victim.
  • Whether an application under Section 528 CrPC is maintainable to set aside the charge‑sheet and cognizance order in such circumstances.

Legislation cited

Subjects

  • Section 528 CrPC
  • quash criminal proceedings
  • compromise settlement
  • non‑compoundable offences
  • IPC 392
  • IPC 411
  • high court judgment
  • Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 28617 of 2026

Sanju @ Sanjeev Chaturvedi And 2 Others
                                                              .....Applicant(s)
                                    Versus
State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                      :   Shiv Kumar Singh
Counsel for Opposite Party(s)                 :   G.A.

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

1. Heard learned counsel for the parties.

2. The present application has been filed to quash the charge-sheet dated
10.11.2020, cognizance/summoning order dated 09.12.2020 and the entire
proceedings of Session Case No.770 of 2020, (State vs. Sanju and others)
arising out of Case Crime No.194 of 2020, under sections 392, 411 IPC, P.S.
Baruasagar, District Jhansi, pending in the court of learned Special Judge
(DAA), Jhansi.

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 Special Judge (DAA), Jhansi on dated 05.09.2026, which has
been appended with supplementary affidavit filed by applicant, this fact has
also been ascertained and seconded by learned counsel for opposite parties.

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
                                                                                              NA528 No. 28617 of 2026
                                                                    2

                                    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,
                                    charge-sheet dated 10.11.2020, cognizance/summoning order dated
                                    09.12.2020 and the entire proceedings of Session Case No.770 of 2020,
                                    (State vs. Sanju and others) arising out of Case Crime No.194 of 2020, under
                                    sections 392, 411 IPC, P.S. Baruasagar, District Jhansi, pending in the court
                                    of learned Special Judge (DAA), Jhansi, 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, informant/opposite party no.2 feels that he/she has been
                                    duped or betrayed, then in that event, he/she may file recall application
                                    explaining the reasons for filing the said application.

                                    September 21, 2026
                                    Ashish/-
                                                                                         (Saurabh Srivastava,J.)




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

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