Saraswati and 5 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Saraswati and 5 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings of Case Crime No. 294 of 2023 (State Vs. Firatu Ram and others), including the charge-sheet dated 12.01.2024 and the cognizance/summoning order dated 28.03.2024, pending before the learned Additional Chief Judicial Magistrate, Court No.13, Azamgarh, quashed; application allowed; opposite party no.2 left free to file a recall application if aggrieved; parties to furnish a copy of the order to the court concerned within two weeks.

Issue for consideration

Whether the charge-sheet dated 12.01.2024, the cognizance/summoning order dated 28.03.2024 and the entire proceedings of Case Crime No. 294 of 2023 (under sections 3, 5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, pending before the Additional Chief Judicial Magistrate, Court No.13, Azamgarh) should be quashed in view of the amicable settlement and verified compromise between the parties.

Court's answer

The charge-sheet dated 12.01.2024 and cognizance/summoning order dated 28.03.2024 as well as the entire proceedings of Case Crime No. 294 of 2023 (State Vs. Firatu Ram and others), under sections 3, 5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, pending before the learned Additional Chief Judicial Magistrate, Court No.13, Azamgarh, are hereby quashed.

Ratio / Principle

The present application (under section 528 BNSS) stands allowed.

Key takeaways

Since the order was passed after hearing the contesting parties, opposite party no.2 may, if he feels duped or betrayed, file a recall application explaining his reasons.obiter¶15
The parties were directed to file a copy of the order before the court concerned within two weeks.obiter¶16

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 74) — Saurabh Srivastava, J. — Order dated 26.5.2025. Application U/S 528 BNSS No. - 12835 of 2025 by Saraswati and 5 others to quash the charge-sheet dated 12.01.2024, the cognizance/summoning order dated 28.03.2024 and the entire proceedings of Case Crime No. 294 of 2023 (State Vs. Firatu Ram and others) under sections 3, 5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Kaptanganj, District Azamgarh, pending before the learned Additional Chief Judicial Magistrate, Court No.13, Azamgarh. Counsel submitted that a compromise had been verified by the trial Magistrate on 30.04.2025, a fact seconded by counsel for opposite party no.2, with both sides jointly confirming the amicable settlement. Relying on the observations in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303 (para 58) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], the Court quashed the charge-sheet, the cognizance/summoning order and the entire proceedings, and allowed the application, while leaving opposite party no.2 free to seek recall if aggrieved; parties directed to lodge a copy of the order before the court concerned within two weeks.

Neutral Citation No. - 2025:AHC:89772

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 12835 of 2025

Applicant :- Saraswati And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mary Puncha (Sheeb Jose),Mohd. Kalim Counsel for Opposite Party :- Faizan Ahmad,G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for applicants, learned counsel for opposite party no.2 and learned A.G.A. for State.

The present application has been filed to quash the impugned charge-sheet dated 12.01.2024 and cognizance/summoning order dated 28.03.2024 as well as the entire proceedings of Case Crime No.294 of 2023 (State Vs. Firatu Ram and others), under sections 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Kaptanganj, District- Azamgarh, pending in the court of learned Additional Chief Judicial Magistrate, Court No.13, Azamgarh.

At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned Additional Chief Judicial Magistrate, Court No.13, Azamgarh on dated 30.04.2025, the said verification report is available in the records, this fact has also been ascertained and seconded by learned counsel for opposite party no.2.

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.

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 an end and peace is resorted; securing the ends of justice being the ultimate guiding factor.

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.

Keeping in mind the position of law and facts, circumstances of the case, charge-sheet dated 12.01.2024 and cognizance/summoning order dated 28.03.2024 as well as the entire proceedings of Case Crime No.294 of 2023 (State Vs. Firatu Ram and others), under sections 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Kaptanganj, District- Azamgarh, are hereby quashed .

Accordingly, the present application stands allowed .

This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no.2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application.

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

Order Date :- 26.5.2025 Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad