Allowed

Ritika Chhimwal v. State of U.P. and 2 Others

Allahabad HC16 Oct 2025NA528/19182/2025

Case brief

AI extract

What is this about?

Applicant sought quashing of a charge sheet and proceedings under sections 353, 279, 337, 338 and 427 IPC on the basis of an amicable settlement between the parties. A court-verified compromise report was received and counsel for the State raised no objection. Relying on Gian Singh and Madhavrao Scindia, the Court quashed the entire proceedings against the applicant.

What did the court decide?

Entire proceedings of Case no. 1244 of 2023 arising out of Case Crime no. 0067 of 2023 quashed qua the applicant; liberty to file recall application.

Ritika Chhimwal Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 19182 of 2025

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Ritika Chhimwal

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.....Applicant(s)

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Versus
State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Applicant(s) : Gopal Misra
Counsel for Opposite Party(s) : Babit Kumar,	G.A.

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Court No. - 77

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HON'BLE SAURABH SRIVASTAVA, J.

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Heard Sri Gopal Misra, learned counsel for applicant, Sri Babit Kumar, learned counsel for opposite party no. 3 and learned AGA for the State.

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Present application has been preferred with a prayer to quash charge sheet dated 1.7.2023 relating to Case Crime no. 0067 of 2023 registered at Police Station- Itwa, Siddhartha Nagar, under sections 353, 279, 337, 338 and 427 IPC having Case no. 1244 of 2023 as well as entire proceeding of Case no. 1244 of 2023 (State vs. Ritika Chhimwal).

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In compliance of earlier order dated 28.5.2025 passed by this Court, compromise verification report has already been received from learned Additional Civil Judge (J.D.)/J.M.Court no. 2, Siddhartha Nagar and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 5.7.2025 in presence of both the parties.

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Sri Babit Kumar, learned counsel for opposite party no. 3 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant.

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From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise.

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NA528 No. 19182 of 2025

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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.

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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.

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In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 1244 of 2023 (State vs. Ritika Chhimwal) arising out of Case Crime no. 0067 of 2023 under sections 353, 279, 337, 338 and 427 IPC, registered at Police Station- Itwa, Siddhartha Nagar, are hereby quashed , only in respect of applicant herein.

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Accordingly, the present application stands allowed .

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

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If at all, opposite party no. 3 feels that he/she has been duped or betrayed, then in that event, he/she may file recall application explaining the reasons for filing the said application.

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(Saurabh Srivastava,J.)

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October 17, 2025 Shaswat

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

Ritika Chhimwal v. State of U.P. and 2 Others

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Ritika Chhimwal v. State of U.P. and 2 Others

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