Salman and 2 Others Vs State of Up and Another

Neutral Citation No. - 2025:AHC:137301

Court No. - 77

Case :- APPLICATION U/S 482 No. - 3650 of 2024

Applicant :- Salman And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshal Prabhakar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Anshal Prabhakar, learned counsel for applicants, Sri Prateek Srivastava, learned counsel for opposite party no. 2 and learned AGA for the State.

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Present application u/s 482 Cr.P.C has been preferred with a prayer to set aside the order dated 22.01.2021 passed by learned Chief Judicial Magistrate, Sambhal in Case no. 319 of 2021 (State vs. Salman and others) arising out of Case Crime no. 286/2019 under sections 294, 417, 418 IPC & section 67 IT Act, PSSambhal District Sambhal. It is also prayed to quash charge sheet as well as entire proceeding of Case no. 319 of 2021 (State vs. Salman and others) arising out of Case Crime no. 286/2019 under sections 294, 417, 418 IPC & section 67 IT Act, PS- Sambhal, District Sambhal.

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In compliance of earlier order dated 12.2.2024 passed by coordinate Bench of this Court, compromise verification report has already been received from learned Chief Judicial Magistrate, Sambhal Chandausi and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 06.03.2024 in presence of both the parties.

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Sri Prateek Srivastava, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant.

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From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise.

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6.A three-Judge Bench of the Hon'ble 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 an end and peace is resorted; securing the ends of justice being the ultimate guiding factor.

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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.

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In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 319 of 2021 (State vs. Salman and others) arising out of Case Crime no. 286/2019 under sections 294, 417, 418 IPC & section 67 IT Act, PS- Sambhal, District Sambhal, are hereby quashed, only in respect of applicants herein namely Salman, Gulzar and Kumari Anam.

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Accordingly, the present application under Section 482 of the Code stands allowed .

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The parties may file the copy of this order before the court concerned within two weeks from today.

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Order Date :- 12.8.2025 Shaswat

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

Salman and 2 Others v. State of Up and Another

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