SHAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 34543 of 2026

Shan And Another
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                       :   Devendra 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
29.09.2024, cognizance/summoning order dated 06.08.2025 and the entire
proceedings of Case No.1054 of 2025, (State vs. Shan and others) arising
out of Case Crime No.324 of 2024, under Sections 281, 115, 351(30
BNS, P.s. Amroha Dehat, District Amroha, pending in the court of
learned Chief Judicial Magistrate, District Amroha.

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 Chief Judicial Magistrate, Amroha on dated
27.08.2026, which has been appended with order sheet to this application,
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
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                                    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, charge-sheet dated 29.09.2024, cognizance/summoning order dated
                                    06.08.2025 and the entire proceedings of Case No.1054 of 2025, (State
                                    vs. Shan and others) arising out of Case Crime No.324 of 2024, under
                                    Sections 281, 115, 351(30 BNS, P.s. Amroha Dehat, District Amroha,
                                    pending in the court of learned Chief Judicial Magistrate, District
                                    Amroha, 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