Hariom Alias Hariom Mishra and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Hariom Alias Hariom Mishra and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings of Case No.1067 of 2016 arising out of Case Crime No.160 of 2016 (Sections 308, 324, 325, 504, 506 IPC, P.S. Jagdishpura, District Agra), including charge sheet dated 5.04.2016 and cognizance/summoning order dated 01.08.2016 passed by ACJM Court No.1, Agra, on the basis of the compromise between the parties; parties directed to file order copy within two weeks; opposite party no. 2 permitted to seek recall if aggrieved.

Issue for consideration

Whether the entire criminal proceedings of Case No.1067 of 2016 arising out of Case Crime No.160 of 2016 (Sections 308, 324, 325, 504, 506 IPC, P.S. Jagdishpura, Agra), including the charge sheet dated 5.04.2016 and the cognizance/summoning order dated 01.08.2016 passed by ACJM Court No.1, Agra, may be quashed on the basis of the compromise arrived at between the parties.

Court's answer

Since the parties have amicably settled their dispute, there would be no harm and error if the criminal proceedings are quashed in light of the compromise (rationale adopted consistent with the cited Gian Singh and Madhavrao principles).

Ratio / Principle

The entire proceeding of Case No.1067 of 2016 arising out of Case Crime No.160 of 2016 (Sections 308, 324, 325, 504, 506 IPC, P.S. Jagdishpura, District Agra), including charge sheet dated 5.04.2016 and the cognizance/summoning order dated 01.08.2016 of ACJM Court No.1, Agra, is quashed.

Key takeaways

The parties may file the copy of the quashing order before the court concerned within two weeks.obiter¶19
If opposite party no. 2 feels he has been duped or betrayed, he may file a recall application explaining the reasons for it.obiter¶20

Detailed headnote1 paragraphs

Allahabad HC (Court No.77), Saurabh Srivastava J., 25.11.2025: Application u/s 528 BNSS No.15684 of 2025 by Hariom alias Hariom Mishra and 2 others sought quashing of the entire criminal proceedings in Case No.1067 of 2016 arising out of Case Crime No.160 of 2016 (Ss.308, 324, 325, 504, 506 IPC, P.S. Jagdishpura, District Agra), including the charge sheet dated 5.04.2016 and the cognizance/summoning order dated 01.08.2016 of ACJM Court No.1, Agra, founded on a compromise between the parties (compromise applications dated 21.08.2025 verified by CJM Mathura). Invoking Gian Singh v. State of Punjab, (2012) 10 SCC 303 (observation in para 58) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692, the Court held that as the parties had amicably settled their dispute, there would be no harm and error in quashing the proceedings in light of the compromise; accordingly the entire proceedings, charge sheet and summoning order were quashed and the application was allowed. Parties to file the order copy with the court concerned within two weeks; opposite party no.2 was left free to file a recall application if he felt duped or betrayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15684 of 2025

Hariom Alias Hariom Mishra And 2 Others

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajay Dubey Counsel for Opposite Party(s) : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard Shri Ajay Dubey learned counsel for applicants and learned AGA for State.

Present application u/s 528 BNSS has been preferred with a prayer to quash the entire criminal proceedings of Case No.1067 of 2016 arising out of Case Crime No.160 of 2016 under Sections 308, 324, 325, 504, 506 IPC Police Station Jagdishpura, District Agra including charge sheet dated 5.04.2016 as well as Cognizance/summoning order dated 01.08.2016 passed by learned Additional Chief Judicial Magistrate, Court No.1, Agra on the basis of compromise arrived at between the parties.

On the basis of verification report submitted by learned Chief Judicial Magistrate, Mathura on the compromise applications dated 21.08.2025, entered between the parties which is appended along with the order sheet of the case.

The parties have amicably settled their dispute and as such there would be no harm and error, if the proceedings is quashed in light of the compromise.

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.

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.

NA528 No. 15684 of 2025

2

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.

In view of the aforementioned facts and circumstances, the entire proceeding of Case No.1067 of 2016 arising out of Case Crime No.160 of 2016 under Sections 308, 324, 325, 504, 506 IPC Police Station Jagdishpura, District Agra including charge sheet dated 5.04.2016 as well as Cognizance/summoning order dated 01.08.2016 passed by learned Additional Chief Judicial Magistrate, Court No.1, Agra, in both the cases are hereby quashed.

Accordingly, the instant application under Section 528 BNSS stands allowed .

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

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.

(Saurabh Srivastava,J.)

November 25, 2025 Rakesh

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