Amarjeet and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Amarjeet and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; entire criminal proceedings of Session Trial No. 501 of 2018 arising out of Case Crime No. 613 of 2015 under Sections 323, 308, 504 IPC, Police Station Chauri Chaura, District Gorakhpur, including charge sheet dated 09.02.2016 and proceedings dated 1.6.2016 passed by learned Additional Sessions Judge/Special Judge, Court No. 2, Gorakhpur, quashed; parties may file the copy of the order before the court concerned within two weeks.

Issue for consideration

Whether the entire criminal proceedings of Session Trial No. 501 of 2018 arising out of Case Crime No. 613 of 2015 (Sections 323, 308, 504 IPC, Police Station Chauri Chaura, District Gorakhpur), including the charge sheet dated 09.02.2016 and the proceedings dated 1.6.2016, may be quashed in view of the compromise entered between the parties.

Court's answer

The entire criminal proceedings of Session Trial No. 501 of 2018 arising out of Case Crime No. 613 of 2015 under Sections 323, 308, 504 IPC, Police Station Chauri Chaura, District Gorakhpur, including the charge sheet dated 09.02.2016 and the proceedings dated 1.6.2016 passed by learned Additional Sessions Judge/Special Judge, Court No. 2, Gorakhpur, are quashed.

Ratio / Principle

The present application under Section 528 BNSS stands allowed.

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 77 (Saurabh Srivastava, J.) — Application u/s 528 BNSS No. 19569 of 2025 (Amarjeet and another v. State of U.P. and another): Allowed. Entire criminal proceedings of Session Trial No. 501 of 2018 arising out of Case Crime No. 613 of 2015, Sections 323, 308, 504 IPC, Police Station Chauri Chaura, District Gorakhpur — including charge sheet dated 09.02.2016 and proceedings dated 1.6.2016 passed by learned Additional Sessions Judge/Special Judge, Court No. 2, Gorakhpur — quashed. Basis: compromise application dated 3.7.2025 entered between the parties and verified by the trial court (report appended with supplementary affidavit dated 27.10.2025); court invoked 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, on quashing to secure the ends of justice where the dispute is genuinely settled. Parties permitted to file the order before the court concerned within two weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19569 of 2025

Amarjeet And Another		.....Applicant(s)
	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Dileep Kumar
Counsel for Opposite Party(s)	:	Imaran Ahmad, G.A.
Court No.- 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Dileep Kumar learned counsel for applicants, Shri Imaran Ahmad 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 Session Trial No.501 of 2018 arising out of Case Crime No.613 of 2015 under Sections 323, 308, 504 IPC Police Station Chauri Chaura, District Gorakhpur including charge sheet dated 09.02.2016 and 1.6.2016 passed by learned Additional Sessions Judge/Special Judge, Court No.2, Gorakhpur.

On the basis of verification report submitted by learned Additional Sessions Judge/Special Judge, Court No.2, Gorakhpur on the compromise application dated 3.7.2025, 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.

In view of the aforementioned facts and circumstances, the entire proceeding of Session Trial No.501 of 2018 arising out of Case Crime

NA528 No. 19569 of 2025

2

No.613 of 2015 under Sections 323, 308, 504 IPC Police Station Chauri Chaura, District Gorakhpur including charge sheet dated 09.02.2016 and 1.6.2016 passed by learned Additional Sessions Judge/Special Judge, Court No.2, Gorakhpur, 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 27, 2025

Rakesh

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