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

Naiem and 5 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 Criminal Case No. 687 of 2025 arising out of Case Crime No. 540 of 2024 under Sections 191(2), 333, 125(a), 115(2), 352, 351(2) BNS, Police Station Tanda, District Rampur, including charge sheet dated 15.11.2024 and summoning order dated 01.02.2025 passed by the learned Chief Judicial Magistrate, Rampur, on the basis of the compromise dated 18.08.2025; parties permitted to file a copy of the order before the court concerned within two weeks.

Issue for consideration

Whether the entire criminal proceedings of Criminal Case No. 687 of 2025 arising out of Case Crime No. 540 of 2024 under Sections 191(2), 333, 125(a), 115(2), 352, 351(2) BNS, Police Station Tanda, District Rampur, including the charge sheet dated 15.11.2024 and the summoning order dated 01.02.2025, ought to be quashed on the basis of the compromise dated 18.08.2025 between the parties.

Court's answer

Acting on the principle drawn from Gian Singh v. State of Punjab, (2012) 10 SCC 303 (para 58) and Madhavrao Jiwajirao Scindia, (1988) 1 SCC 692, the Court held that where the dispute between the offender and the victim has been settled, the High Court may quash criminal proceedings even though the offences are not compoundable, since continuation would be an exercise in futility and securing the ends of justice is the ultimate guiding factor.

Ratio / Principle

The entire criminal proceedings of Criminal Case No. 687 of 2025 arising out of Case Crime No. 540 of 2024 under Sections 191(2), 333, 125(a), 115(2), 352, 351(2) BNS, Police Station Tanda, District Rampur, including the charge sheet dated 15.11.2024 and the summoning order dated 01.02.2025 passed by the learned Chief Judicial Magistrate, Rampur, were quashed on the basis of the compromise dated 18.08.2025.

Key takeaways

The application under Section 528 BNSS was allowed.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) allowed an application under Section 528 BNSS and quashed the entire criminal proceedings of Criminal Case No. 687 of 2025, arising out of Case Crime No. 540 of 2024 under Sections 191(2), 333, 125(a), 115(2), 352, 351(2) BNS, Police Station Tanda, District Rampur, including the charge sheet dated 15.11.2024 and the summoning order dated 01.02.2025 passed by the learned Chief Judicial Magistrate, Rampur. The quashing rested on a compromise dated 18.08.2025 entered between the parties, whose verification report was submitted by the learned Chief Judicial Magistrate, Rampur and appended with a Supplementary affidavit dated 18.09.2025. Relying on 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 held that where the dispute between the offender and the victim has been settled, criminal proceedings may be quashed even though the offences are not compoundable, as continuation would be an exercise in futility and securing the ends of justice is the ultimate guiding factor. The parties were permitted to file a copy of the order before the court concerned within two weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 17544 of 2025

Naiem And 5 Others

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Sunil Kumar Tiwari Counsel for Opposite Party(s) : G.A., Vijay Kumar Mishra

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Sunil Kumar Tiwari, learned counsel for applicants, Shri Vijay Kumar Mishra, learned counsel for opposite party no.2 and learned AGA for State.

Present application u/s 528 BNSS has been preferred with a prayer to allow the instant application and quash the entire criminal proceedings of Criminal Case No. 687 of 2025 arising out of Case Crime No.540 of 2024 under Sections 191(2), 333, 125(a), 115(2), 352, 351(2), B.N.S Police Station Tanda, District Rampur including charge sheet dated 15.11.2024 as well as summoning order dated 01.02.2025 passed by learned Chief Judicial Magistrate, Rampur on the basis of compromise dated 18.08.2025.

On the basis of verification report submitted by learned Chief Judicial Magistrate, Rampur on the compromise application dated 18.08.2025, entered between the parties which is appended along with Supplementary affidavit dated 18.09.2025.

4.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. 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

NA528 No. 17544 of 2025

2

proceeding of criminal proceedings of Criminal Case No. 687 of 2025 arising out of Case Crime No.540 of 2024 under Sections 191(2), 333, 125(a), 115(2), 352, 351(2), B.N.S Police Station Tanda, District Rampur including charge sheet dated 15.11.2024 as well as summoning order dated 01.02.2025 passed by learned Chief Judicial Magistrate, Rampur on the basis of compromise dated 18.08.2025, are hereby quashed.

Accordingly, the present 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.

(Saurabh Srivastava,J.)

October 14, 2025

Rakesh

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