ABHISHEK MISHRA ALIAS ABHISHEK VERMA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

         APPLICATION U/S 528 BNSS No. - 38454 of 2025

Abhishek Mishra Alias Abhishek Verma And
Another                                                  .....Applicant(s)
                                 Versus
State of U.P. and Another
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)          :   Ashutosh Kumar
Counsel for Opposite Party(s)     :   Anil Kumar, G.A., Manoj Kumar

Court No. - 82
               HON'BLE PADAM NARAIN MISHRA, J.

1. Short counter affidavit filed today is taken on record.

2. Heard learned counsel for the applicants as well as learned A.G.A.
for the State and perused the materials available on record.

3. This application under Section 528 BNSS has been filed by the
applicants to quash the entire proceedings of Charge-sheet dated
16.04.2023 in Case No. 1389 of 2023 (State v. Abhishek Mishra and
Another), arising out of Case Crime No. 40 of 2023, under Sections
363, 366 and 120 - B of I.P.C., Police Station Jajmau, District
Kanpur, pending in the court of Additional Session Judge, Kanpur
Nagar.

4. That brief facts of the case is that the first informant namely Rajesh
D Souja s/o- Lakhan ,195 Greater Kailash ,Jajmau, Shiwans Tenray,
District- Kanpur (opposite party no.2) lodged First Information Report
against the applicants on 01.03.2023 under section 363, 366 and 120
B of I.P.C which has been registered as Case Crime No.40 of 2023,
Police Station-Jajmau, District- Kanpur Nagar. In short, the allegation
of the first informant is that the applicant no.1 has taken away to the
daughter (victim) of the informant by the way of allurement with the
help of the applicant no.2.

5. Learned counsel for the applicant submitted that during the
pendency of aforesaid criminal proceedings against the applicants
which was initiated by the opposite party no.2 come into amicable
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compromise on 26.06.2025 and they are not willing to proceed the
aforesaid criminal proceeding against to each other on the basis of
the compromise. On the basis of compromise deed dated 26.06.2025
both the parties as well as victim do not want to litigate the present
criminal case initiated by the opposite party no.2 against the
applicants.

6. Learned counsel for the opposite party no.2 has filed counter
affidavit and clearly stated that the opposite party no.2 has filed the
present criminal proceedings being instigated by the relatives and the
matter has already been amicably compromised between the parties
vide compromise dated 26.06.2025.

7. On the perusal of records, it is evident from the counter affidavit of the opposite
party no. 2 that the matter has already been amicably compromised between the
parties. The paragraph no. 6 of the counter affidavit as quoted below:-

"6. That in reply of paragraph no.7,8 and 9 of the Application, it is stated that
on the basis of misunderstanding and by the way of instigation of relatives as
well as fear of social stigma, the opposite party no.2 lodged First Information
Report against the Applicants on 1.03.2023 under section 363 and 366 I.P.C
which has been registered as Case Crime No. 40/2023, Police Station-
Jajmau, District- Kanpur Nagar. it is relevant to mention here that an amicable
compromise has been done between applicants and opposite party no.2
including victim on 26.06.2025."

8. A three-Judge Bench of the Supreme Court in Gian Singh v. State of
Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340,
para 58)
               "58. 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."

9. Since, no fruitful purpose would be served by permitting to
continue the criminal case pending before the trial court and it would
simply be a waste of time if the aforesaid case is permitted to
continue till its logical conclusion.

10. In view of the above, considering the peculiar circumstances of
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                                                                 3


                                    the present case, the Application u/s 482 Cr.P.C. is hereby allowed.

                                    11. The entire proceedings of Charge-sheet dated 16.04.2023 in
                                    Case No. 1389 of 2023 (State v. Abhishek Mishra and Another),
                                    arising out of Case Crime No. 40 of 2023, under Sections 363, 366
                                    and 120 - B of I.P.C., Police Station Jajmau, District Kanpur, pending
                                    in the court of Additional Session Judge, Kanpur Nagar is hereby
                                    quashed.

                                    January 21, 2026
                                    Akram
                                                                              (Padam Narain Mishra,J.)




Digitally signed by :-
MOHAMMAD AKRAM
High Court of Judicature at Allahabad