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

Sumit 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 charge-sheet dated 24.04.2025, the cognizance/summoning order dated 17.05.2025 and the entire proceedings of Case No.5232 of 2025 (Case Crime No.142 of 2024); informant/opposite party no.2 permitted to file a recall application if aggrieved; parties directed to file copy of the order before the concerned court within two weeks.

Issue for consideration

Whether the charge-sheet dated 24.04.2025, the cognizance/summoning order dated 17.05.2025 and the entire proceedings of Case No.5232 of 2025 (State vs. Sumit and others) arising out of Case Crime No.142 of 2024, under sections 15(2), 352, 351(2), 109, 3(5) BNS, should be quashed in view of the compromise arrived at and verified between the parties.

Court's answer

The parties have amicably settled their dispute; the fact of compromise has been confirmed and admitted by learned counsel for the opposite parties, who jointly submitted that quashing in light of the compromise would be in the interest of justice.

Ratio / Principle

On the strength of the verified compromise and the settled legal positions in Gian Singh (paras 11-14) and Madhavrao Jiwajirao Scindia (para 15), this Court quashes the charge-sheet dated 24.04.2025, the cognizance/summoning order dated 17.05.2025 and the entire proceedings of Case No.5232 of 2025 arising out of Case Crime No.142 of 2024, pending before the Additional Chief Judicial Magistrate-I, Gautam Budh Nagar.

Key takeaways

The present application under Section 528 BNSS stands allowed.ratio¶17
Having heard the contesting parties before passing the order, the Court reserves that if the informant/opposite party no.2 feels duped or betrayed, he may file a recall application explaining his reasons; the parties may file a copy of the order before the concerned court within two weeks.obiter¶18

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; Court No. 77) allowed Application u/s 528 BNSS No. 22263 of 2025 (Sumit and 3 Others v. State of U.P. and Another) and quashed the charge-sheet dated 24.04.2025, the cognizance/summoning order dated 17.05.2025 and the entire proceedings of Case No.5232 of 2025 (State vs. Sumit and others) arising out of Case Crime No.142 of 2024 under sections 15(2), 352, 351(2), 109, 3(5) BNS, P.S. Sector-142, District Gautam Budh Nagar, pending before the Additional Chief Judicial Magistrate-I, Gautam Budh Nagar. The quashing rests on a compromise between the parties verified by the learned Additional Chief Judicial Magistrate-I on 30.08.2025 and confirmed by counsel for the opposite parties, invoking the three-Judge Bench Supreme Court position in Gian Singh v. State of Punjab, (2012) 10 SCC 303 (para 58) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 on quashing non-compoundable-offence proceedings where genuine settlement serves the ends of justice. Order passed after hearing contesting parties; informant/opposite party no.2 free to file a recall application if aggrieved; parties to file the order before the concerned court within two weeks. Decided October 14, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 22263 of 2025

Sumit And 3 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Rakesh Kumar Srivastava
Counsel for Opposite Party(s)	:	G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the parties.

The present application has been filed to quash the charge-sheet dated 24.04.2025, cognizance/summoning order dated 17.05.2025 and the entire proceedings of Case No.5232 of 2025 (State vs. Sumit and others) arising out of Case Crime No.142 of 2024, under sections 15(2), 352, 351(2), 109, 3(5) BNS, P.S. Sector-142, District- Gautam Budh Nagar, pending in the court of learned Additional Chief Judicial Magistrate-I, Gautam Budh Nagar.

At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned Additional Chief Judicial Magistrate-I, Gautam Budh Nagar on dated 30.08.2025, which has been appended with supplementary affidavit preferred on behalf of the applicants, this fact has also been ascertained and seconded by learned counsel for opposite parties.

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 and would be in the interest of justice that 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

NA528 No. 22263 of 2025

2

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.

Keeping in mind the position of law and facts, circumstances of the case, charge-sheet dated 24.04.2025, cognizance/summoning order dated 17.05.2025 and the entire proceedings of Case No.5232 of 2025 (State vs. Sumit and others) arising out of Case Crime No.142 of 2024, under sections 15(2), 352, 351(2), 109, 3(5) BNS, P.S. Sector-142, District- Gautam Budh Nagar, pending in the court of learned Additional Chief Judicial MagistrateI, Gautam Budh Nagarj, 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, informant/opposite party no.2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application.

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

(Saurabh Srivastava,J.)

October 14, 2025 Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad