AMAN ALIAS AMAN SENGAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 40844 of 2025

Aman Alias Aman Sengar And 3 Others
                                                              .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                       :    Ajai Mani Tiwari
Counsel for Opposite Party(s)                  :    G.A.

Court No. - 78
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Ajai Mani Tiwari, learned counsel for the applicants, Mr.
Sharad Kumar Singh, learned counsel for the opposite party No. 2, learned
A.G.A. for the State and perused the record.

2. The present application under Section 528 B.N.S.S. has been preferred to
allow this application and quash the entire proceeding of Case No. 570 of
2025 (State Vs. Aman and others) under Sections 85, 115(2), 75 of B.N.S. &
3/4 D.P. Act, P.S.-Ganigri, District-Aligarh (arising out of Case Crime No.
205 of 2024), pending in the court of learned Civil Judge (Junior Division),
FTC IInd, Aligarh, including the charge sheet (No. 212/2024) dated
24.11.2024 and the cognizance order dated 30.04.2025 passed by the court
of learned Civil Judge (Junior Division), FTC IInd, Aligarh, taking
cognizance and issuing process through summon against the applicants, in
terms of the compromise entered into between the first informant/O.P. No.-2
and the applicants.

3. Learned counsel for the applicants submits that the parties have settled
their dispute through compromise dated 29.08.2025, placed as Annexure No.
'6' to the present application which has been duly verified by the Court of
learned Civil Judge (Junior Division)/F.T.C.-2, Aligarh vide order dated
06.11.2025.

4. Learned counsel for the applicants submits that the present dispute arises
out of matrimonial discord between the applicants and the opposite party No.
2. It is also argued that the parties have willingly entered into a settlement
and not under duress or threat or coercion and are not interested in pursuing
the matter pending in the Court concerned and, therefore, the impugned
proceedings be quashed on the ground of compromise between the parties
                                                               NA528 No. 40844 of 2025
                                    2

and they do not propose to file the counter affidavit and rejoinder affidavit.

5. Learned A.G.A. also does not dispute the correctness of the submissions
made by the learned counsel for both the parties.

6. The law with regard to quashing of a case on the basis of settlement
arrived between the parties, is well settled.

7. In the light of the judgment of Hon'ble Apex Court in B.S. Joshi and
Others Vs. State of Haryana and another, (2003) 4 SCC 675, it has been
held that "High Courts have the inherent power under Section 482 of the Criminal
Procedure Code (Cr.P.C.) to quash First Information Reports (FIRs) and criminal
proceedings, particularly in matrimonial disputes where a genuine settlement has
been reached between the parties. The Court clarified that Section 320 Cr.P.C., which
lists compoundable offences, does not restrict this power, and exercising it is crucial
for promoting amicable settlements and serving the ends of justice, even if the offences
are otherwise non-compoundable."

8. The Hon'ble Supreme Court in its Constitutional Bench Judgment in Gian
Singh Vs. State of Punjab and Another, (2012)10 SCC 303, has held that
"But the criminal cases having overwhelmingly and pre-dominatingly civil flavour
stand on different footing for the purposes of quashing, particularly the offences
arising from commercial, financial, mercantile, civil, partnership or such like
transactions or the offences arising out of matrimony relating to dowry, etc. or the
family disputes where the wrong is basically private or personal in nature and the
parties have resolved their entire dispute. In this category of cases, High Court may
quash criminal proceedings if in its view, because of the compromise between the
offender and victim, the possibility of conviction is remote and bleak and continuation
of criminal case would put accused to great oppression and prejudice and extreme
injustice would be caused to him by not quashing the criminal case despite full and
complete settlement and compromise with the victim."

9. The Hon'ble Supreme Court in Parbatbhai Ahir alias Parbatbhai
Bhimsinhbhai Karmur and others vs. State of Gujarat and another,
(2017) 9 SCC 641 has laid down broad principles of quashing the criminal
proceedings in exercise of inherent jurisdiction on the ground that "even in the
non compoundable cases on the basis of compromise, criminal proceedings can be
quashed so that valuable time of the court can be saved and utilized in other material
cases."

10. The parties have agreed to withdraw the proceedings pending amongst
them in Court concerned. From perusal of the records and the law as cited
above, the present case is a good case for exercise of power by the Court to
quash summoning order as well as entire proceedings.
                                                                                             NA528 No. 40844 of 2025
                                                                     3

                                    11. The dispute appears to be purely of a matrimonial in nature that has been
                                    mutually settled between the parties to their entire satisfaction, therefore, no
                                    useful purpose would be served in allowing the prosecution to continue any
                                    longer.

                                    12. The present application for quashing filed under Section 528 B.N.S.S.
                                    comes within the parameters as laid down by the Hon'ble Supreme Court in
                                    Pradeep Kumar Kesarwani Vs. State of Uttar Pradesh & Another,
                                    Criminal Appeal No. 3831 of 2025, SLP (Crl.) No. 11642 of 2019 dated
                                    02.09.2025.

                                    13. In view of above, the entire proceedings in Case No. 570 of 2025 (State
                                    Vs. Aman and others) under Sections 85, 115(2), 75 of B.N.S. & 3/4 D.P.
                                    Act, P.S.-Ganigri, District-Aligarh (arising out of Case Crime No. 205 of
                                    2024), are hereby quashed.

                                    14. The present application under Section 528 B.N.S.S. is, accordingly,
                                    allowed.

                                    May 7, 2026
                                    Shivani Sri.
                                                                                        (Nand Prabha Shukla,J.)




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad