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

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

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; entire criminal proceedings of Case No.23 of 2025 (State vs. Adarsh Ojha), the charge sheet dated 17.05.2024 and the cognizance order dated 15.01.2025 quashed; parties permitted to file a copy of this order before the court concerned within two weeks.

Issue for consideration

Whether the entire criminal proceedings of Case No.23 of 2025 (State vs. Adarsh Ojha) arising out of Case Crime No.323 of 2023, including the charge sheet dated 17.05.2024 and the cognizance order dated 15.01.2025, ought to be quashed in light of the compromise dated 6.5.2025 entered between the parties.

Court's answer

The Court quashed the entire criminal proceedings of Case No.23 of 2025 (State vs. Adarsh Ojha) arising out of Case Crime No.323 of 2023 under Sections 323, 341, 504, 506 IPC, Police Station Colonelganj, District Prayagraj — including the charge sheet dated 17.05.2024 and the cognizance order dated 15.01.2025 — in view of the facts and circumstances stated (the compromise dated 6.5.2025 verified by the Special Chief Judicial Magistrate), having relied on the Supreme Court guidance in Gian Singh (2012) 10 SCC 303 and Madhavrao Jiwajirao Scindia (1988) 1 SCC 692.

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 77 (Saurabh Srivastava, J.), allowed Application U/S 528 BNSS No. 18472 of 2025 filed by Adarsh Ojha praying for quashing of the entire criminal proceedings of Case No. 23 of 2025 (State vs. Adarsh Ojha) arising out of Case Crime No. 323 of 2023 under Sections 323, 341, 504, 506 IPC, Police Station Colonelganj, District Prayagraj, including the charge sheet dated 17.05.2024 and the cognizance order dated 15.01.2025 passed by the learned Special Chief Judicial Magistrate, Allahabad. A compromise application dated 6.5.2025 had been entered into between the parties, and the verification report on it submitted by the learned Special Chief Judicial Magistrate was placed before the Court through a supplementary affidavit dated 27.10.2025. Invoking the Supreme Court's position in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303 (para 58 — where the dispute between offender and victim stands settled, quashing is warranted even though the offences are not compoundable, since continuation of criminal proceedings would be an exercise in futility and securing the ends of justice is the ultimate guiding factor) and in Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692] (civil-nature disputes: special facts/special features may justify quashing to encourage genuine settlement), the Court held that the entire criminal proceedings, the charge sheet and the cognizance order stand quashed, allowed the application under Section 528 BNSS, and directed the parties 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. - 18472 of 2025

Adarsh Ojha

.....Applicant(s)

	Versus
State Of U.P. And 3 Others	...	..Opposite Party(s)
Counsel for Applicant(s)	: Ramesh Kumar Ojha, Narayan Mishra	Surendra
Counsel for Opposite Party(s)	: Dileep Kumar Yadava, G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Surendra Narayan Mishra, learned counsel for applicant, Shri Dileep Kumar Yadava, 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 Case No.23 of 2025 (State vs. Adarsh Ojha) arising out of Case Crime No.323 of 2023 under Sections 323, 341, 504, 506 IPC Police Station Colonelganj, District Prayagraj including charge sheet dated 17.05.2024 as well as cognizance order dated 15.01.2025 passed by learned Special Chief Judicial Magistrate, Allahabad on the basis of compromise dated 6.5.2025.

On the basis of verification report submitted by learned Special Chief Judicial Magistrate, Allahabad on the compromise application dated 6.5.2025, entered between the parties which is appended along with Supplementary affidavit dated 27.10.2025.

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

NA528 No. 18472 of 2025

2

to encourage genuine settlement of disputes between the parties.

In view of the aforementioned facts and circumstances, the entire criminal proceeding of Case No.23 of 2025 (State vs. Adarsh Ojha) arising out of Case Crime No.323 of 2023 under Sections 323, 341, 504, 506 IPC Police Station Colonelganj, District Prayagraj including charge sheet dated 17.05.2024 as well as cognizance order dated 15.01.2025 passed by learned Special Chief Judicial Magistrate, Allahabad, 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 28, 2025

Rakesh

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