Afzal and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Afzal and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the summoning/cognizance order dated 27.01.2017 and the entire criminal proceedings of Session Trial No.1463 of 2023 (State Vs. Afjal and others), arising out of Case Crime No.171 of 2016 under Sections 308, 323, 504 IPC, P.S. Baradari, District Bareilly, pending before A.D.J.-4/A.D.J.4, Bareilly, on the basis of compromise; liberty reserved to opposite party no.2 to seek recall of the order.

Issue for consideration

Whether the summoning/cognizance order dated 27.01.2017 and the entire criminal proceedings of Session Trial No.1463 of 2023 (State Vs. Afjal and others), arising out of Case Crime No.171 of 2016 under Sections 308, 323, 504 IPC, should be quashed on the basis of the compromise between the parties.

Court's answer

The summoning/cognizance order dated 27.01.2017 and the entire criminal proceedings of Session Trial No.1463 of 2023 (State Vs. Afjal and others), arising out of Case Crime No.171 of 2016 under Sections 308, 323, 504 IPC, P.S. Baradari, District Bareilly, pending before A.D.J.-4, Bareilly, are quashed in light of the compromise verified on 16.09.2025, applying the principles in Gian Singh (2012) 10 SCC 303 and Madhavrao Jiwajirao Scindia (1988) 1 SCC 692.

Ratio / Principle

The application under Section 528 BNSS is allowed.

Key takeaways

Opposite party no.2 is granted liberty to seek recall of the quashing order by filing a recall application explaining the reasons, if he feels duped or betrayed.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) allowed an application under Section 528 BNSS and quashed the summoning/cognizance order dated 27.01.2017 along with the entire criminal proceedings of Session Trial No.1463 of 2023 (State Vs. Afjal and others), arising out of Case Crime No.171 of 2016 under Sections 308, 323, 504 IPC, P.S. Baradari, District Bareilly, pending before the A.D.J.-4, Bareilly, on the basis of a compromise between the parties verified by the court below on 16.09.2025, the certified copy whereof was on record, and which was conceded by counsel for opposite party no.2. 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 proceeded on the position that where the dispute between the offender and the victim stands settled, quashing secures the ends of justice. The order was passed after hearing the contesting parties, with liberty reserved to opposite party no.2 to seek recall of the order by filing a recall application explaining the reasons if he felt duped or betrayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18152 of 2025

Afzal And 3 Others

.....Applicant(s)

	Versus
State of U.P. and Another				.....Opposite Party(s)
Counsel for Applicant(s)	: Krishna Tripathi	Kumar	Shukla,	Sanjay Kumar
Counsel for Opposite Party(s)	: Snehlata	Mishra,	G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and Smt. Snehlata Mishra, learned counsel for opposite party no.2 as well as learned AGA.

The present application has been filed to quash summoning/cognizance order dated 27.01.2017 and entire criminal proceedings of Session Trial No.1463 of 2023 (State Vs. Afjal and others), arising out of Case Crime No.171 of 2016, under Sections 308, 323, 504 IPC, P.S. Baradari, District Bareilly, pending in the court of learned A.D.J.-4, Bareilly, on the basis of compromise.

At the very outset, learned counsel for applicants has submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 16.09.2025, certified copy of the said order preferred today is taken on record. 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 if 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

NA528 No. 18152 of 2025

2

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, summoning/cognizance order dated 27.01.2017 and entire criminal proceedings of Session Trial No.1463 of 2023 (State Vs. Afjal and others), arising out of Case Crime No.171 of 2016, under Sections 308, 323, 504 IPC, P.S. Baradari, District Bareilly, pending in the court of learned A.D.J.4, Bareilly, 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 seek recall of this order by way of filing recall application explaining the reasons.

November 25, 2025 Vivek Kr.

(Saurabh Srivastava,J.)

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad