Gaurav Pratap Singh and 12 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Gaurav Pratap Singh and 12 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceeding of Criminal Case no. 64 of 2019 under Sections 147, 323, 504, 427 of IPC (State vs. Gaurav Pratap Singh) arising out of Case Crime no. 802 of 2017, PS- Kotwali Tirva, District Kannauj, effected only in respect of the thirteen named applicants, in light of the compromise verified on 26.8.2025; parties permitted to file the copy of the order before the court concerned within two weeks; liberty reserved to opposite party no. 2 to file a recall application if he feels duped or betrayed.

Issue for consideration

Whether the entire proceeding of Criminal Case no. 64 of 2019 under Sections 147, 323, 504, 427 of IPC (State vs. Gaurav Pratap Singh) arising out of Case Crime no. 802 of 2017, PS- Kotwali Tirva, District Kannauj, together with the NBW order dated 10.11.2022, should be quashed in view of the amicable settlement/compromise reached between the parties.

Court's answer

This Court determined, from perusal of records and on admission by learned counsel for both sides, that the parties have amicably settled their dispute, the fact of compromise being confirmed, and that quashing the proceedings would cause no harm or error and would be in the interest of justice.

Ratio / Principle

The entire proceeding of Criminal Case no. 64 of 2019 under Sections 147, 323, 504, 427 of IPC (State vs. Gaurav Pratap Singh) arising out of Case Crime no. 802 of 2017, PS- Kotwali Tirva, District Kannauj is quashed, but only in respect of the thirteen applicants, namely Gaurav Pratap Singh, Praveen Yadav, Atmaram, Ravindra Kumar, Amit Singh, Sunil Kumar, Hardip Singh, Salman, Nitin, Aman Siddiqui, Santosh Singh, Divyanshu Singh and Harshit Kumar.

Key takeaways

Accordingly, the present application under S. 528 BNSS is allowed.ratio¶19
The parties may file the copy of this order before the court concerned within two weeks.obiter¶20
Liberty is reserved to opposite party no. 2: if he feels duped or betrayed, he may file a recall application explaining the reasons for filing it.obiter¶23

Detailed headnote1 paragraphs

CRIMINAL LAW — Quashment of proceedings on compromise/settlement — Application U/S 528 BNSS No. 22639 of 2025, High Court of Judicature at Allahabad (Court No. 77), decided 10.10.2025 by Saurabh Srivastava, J.: Thirteen applicants sought quashing of the entire proceeding of Criminal Case no. 64 of 2019 (Sections 147, 323, 504, 427 IPC; State vs. Gaurav Pratap Singh; arising out of Case Crime no. 802 of 2017, PS- Kotwali Tirva, District Kannauj) and the NBW order dated 10.11.2022. A co-ordinate Bench (order dated 12.8.2025) had directed compromise verification; the verification report showed the compromise verified on 26.8.2025 in the presence of both parties, and counsel for both sides and the AGA raised no objection. Relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303 (para 58 — quashing despite non-compoundable offences where continuation would be futile) and Madhavrao Jiwajirao Scindia, (1988) 1 SCC 692 (special facts in disputes of civil/matrimonial/family nature), the Court quashed the entire proceeding only in respect of the named applicants and allowed the application; parties to file the order copy before the court concerned within two weeks; liberty reserved to opposite party no. 2 to move a recall application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 22639 of 2025

Gaurav Pratap Singh And 12 Others

.....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pushkar Kushwaha Counsel for Opposite Party(s) : Ajai Kumar Singh Kushwaha, Sonam Nishad, G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

1.Compromise verification report dated 26.8.2025 preferred on behalf of applicants is taken on record.

Heard Sri Pushkar Kushwaha, learned counsel for applicants, Sri A.K.S.Kushwaha, learned counsel for opposite party no. 2 and learned AGA for the State.

Present application has been preferred with a prayer to quash the entire proceeding of Criminal Case no. 64 of 2019 under sections 147, 323, 504, 427 of IPC (State vs. Gaurav Pratap Singh) arising out of Case Crime no. 802 of 2017, PS- Kotwali Tirva, District Kannauj as well as NBW order dated 10.11.2022 pending in court of Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Kannauj.

In compliance of earlier order dated 12.8.2025 passed by co-ordinate Bench of this Court, compromise verification report has already been received from learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Kannauj and the same has been preferred today by learned counsel for applicants which is taken on record, wherein it is mentioned that compromise has been verified on dated 26.8.2025 in presence of both the parties.

Sri A.K.S.Kushwaha, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned

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counsel for applicant.

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.

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 Criminal Case no. 64 of 2019 under sections 147, 323, 504, 427 of IPC (State vs. Gaurav Pratap Singh) arising out of Case Crime no. 802 of 2017, PS- Kotwali Tirva, District Kannauj, are hereby quashed , only in respect of applicants namely Gaurav Pratap Singh, Praveen Yadav, Atmaram, Ravindra Kumar, Amit Singh, Sunil Kumar, Hardip Singh, Salman, Nitin, Aman Siddiqui, Santosh Singh, Divyanshu Singh and Harshit Kumar.

Accordingly, the present application stands allowed .

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

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If at all, 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.

(Saurabh Srivastava,J.)

October 10, 2025

Shaswat

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