Deepak Singh Yadav and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Deepak Singh Yadav and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings of Case No.154 of 2025 (State vs. Deepak Yadav) arising out of Case Crime No.332 of 2023 under Sections 323, 504, 506 IPC, Police Station Colonelganj, District Prayagraj, including the charge sheet dated 02.07.2024 and the summoning order dated 15.04.2025; parties may file the copy of this order before the court concerned within two weeks.

Issue for consideration

Whether, in view of the compromise application dated 6.5.2025 entered between the parties and the verification report of the learned Special Chief Judicial Magistrate, Allahabad, the entire criminal proceedings of Case No.154 of 2025 (State vs. Deepak Yadav), arising out of Case Crime No.332 of 2023 under Sections 323, 504, 506 IPC, Police Station Colonelganj, District Prayagraj, including the charge sheet dated 02.07.2024 and the summoning order dated 15.04.2025, ought to be quashed, applying the approach indicated in Gian Singh (2012) 10 SCC 303 and Madhavrao Jiwajirao Scindia (1988) 1 SCC 692 regarding settlement of disputes.

Court's answer

The entire criminal proceedings of Case No.154 of 2025 (State vs. Deepak Yadav), arising out of Case Crime No.332 of 2023 under Sections 323, 504, 506 IPC, Police Station Colonelganj, District Prayagraj, including the charge sheet dated 02.07.2024 and the summoning order dated 15.04.2025 passed by the learned Special Chief Judicial Magistrate, Allahabad, are hereby quashed, the decision resting on the compromise dated 6.5.2025 entered between the parties and its verification by the trial court, in line with the principles the court cites from Gian Singh and Madhavrao Jiwajirao Scindia.

Ratio / Principle

The present application under Section 528 BNSS (Application No.-18524 of 2025) stands allowed.

Detailed headnote1 paragraphs

Allahabad High Court (Court No.77; Saurabh Srivastava, J.) — Application u/s 528 BNSS No.-18524 of 2025, decided October 28, 2025: On the basis of the compromise application dated 6.5.2025 entered between the parties and the verification report submitted by the learned Special Chief Judicial Magistrate, Allahabad (appended along with Supplementary affidavit dated 27.10.2025), the entire criminal proceedings of Case No.154 of 2025 (State vs. Deepak Yadav), arising out of Case Crime No.332 of 2023 under Sections 323, 504, 506 IPC, Police Station Colonelganj, District Prayagraj, including the charge sheet dated 02.07.2024 and the summoning order dated 15.04.2025, are hereby quashed, invoking 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 application stands allowed and the parties may file the copy of the order before the court concerned within two weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18524 of 2025

Deepak Singh Yadav And Another

	Versus .....Applicant(s)
State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Dileep Kumar Yadava
Counsel for Opposite Party(s)	: Surendra Narayan Mishra, G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Dileep Kumar Yadava, learned counsel for applicants, Shri Surendra Narayan 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 Case No.154 of 2025 (State vs. Deepak Yadav) arising out of Case Crime No.332 of 2023 under Sections 323, 504, 506 IPC Police Station Colonelganj, District Prayagraj including charge sheet dated 02.07.2024 as well as summoning order dated 15.04.2025 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 to encourage genuine settlement of disputes between the parties.

NA528 No. 18524 of 2025

2

In view of the aforementioned facts and circumstances, the entire criminal proceeding of Case No.154 of 2025 (State vs. Deepak Yadav) arising out of Case Crime No.332 of 2023 under Sections 323, 504, 506 IPC Police Station Colonelganj, District Prayagraj including charge sheet dated 02.07.2024 as well as summoning order dated 15.04.2025 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