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

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

What the court decided

AI extract

Outcome

Entire proceedings of S.T. no. 159 of 2023 (State vs. Kesh Kanti and another) arising out of Case Crime no. 216 of 2018 quashed in respect of applicants Kesh Kanti and Veer Pal Singh; parties directed to file a copy of the order before the court concerned within two weeks; opposite party no. 2 retains the option of a recall application if he/she feels duped or betrayed.

Issue for consideration

Whether the entire proceedings of S.T. no. 159 of 2023 (State vs. Kesh Kanti and another), arising out of Case Crime no. 216 of 2018 under sections 323, 325, 308, 506 IPC, PS Barnahal, District Mainpuri, along with the charge sheet dated 17.10.2018 and cognizance order dated 8.2.2019, may be quashed on the strength of the parties' compromise dated 30.5.2025. +1 more

Court's answer

The parties had amicably settled their dispute and the fact of compromise stood confirmed and admitted by learned counsel for the parties; it was submitted that quashing in light of the compromise would involve no harm or error and would be in the interest of justice.

Ratio / Principle

Adopting the para 58 observation in Gian Singh v. State of Punjab, (2012) 10 SCC 303 — that where the High Court quashes a criminal proceeding because the dispute between offender and victim has been settled although the offences are not compoundable, it does so because continuation would be an exercise in futility and securing the ends of justice is the guiding factor — together with the Madhavrao Jiwajirao Scindia, (1988) 1 SCC 692 guidance that courts may weigh special facts/special features of essentially civil disputes to encourage genuine settlement, the Court accepted these positions as justifying termination of the proceedings here.

Key takeaways

The entire proceeding of S.T. no. 159 of 2023 (State vs. Kesh Kanti and another) arising out of Case Crime no. 216 of 2018 under sections 323, 325, 308, 506 IPC, PS Barnahal, District Mainpuri was ordered quashed, confined to the applicants Kesh Kanti and Veer Pal Singh.ratio¶¶18
As a safeguard, if opposite party no. 2 feels that he/she has been duped or betrayed, he/she may file a recall application explaining the reasons for filing it.obiter¶¶21

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), Application U/S 528 BNSS No. 24341 of 2025 (decided 13.10.2025): Entire criminal proceedings of S.T. No. 159 of 2023 (State vs. Kesh Kanti and another), arising out of Case Crime No. 216 of 2018 under sections 323, 325, 308 and 506 IPC, PS Barnahal, District Mainpuri — including charge sheet dated 17.10.2018 and cognizance order dated 8.2.2019 — were quashed qua the applicants Kesh Kanti and Veer Pal Singh on the basis of their compromise dated 30.5.2025, verified on 12.8.2025 before the Additional Sessions Judge/F.T.C., Court No. 1, Mainpuri pursuant to this Court's earlier order of 28.7.2025. Reliance was placed on 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 for quashing upon genuine settlement notwithstanding the offences involved; counsel for opposite party no. 2 and the learned AGA raised no objection. Opposite party no. 2 was left free to lodge a recall application if he/she felt duped or betrayed, and the parties were to file a copy of the order before the concerned court within two weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24341 of 2025

Kesh Kanti And Another

.....Applicant(s)

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

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Narendra Kumar, learned counsel for applicants, Sri D.K.Maurya, learned counsel for opposite party no. 2 and learned AGA for the State.

Present application has been preferred with a prayer to quash charge sheet dated 17.10.2018 as well as cognizance order dated 8.2.2019 and entire criminal proceeding of S.T. no. 159 of 2023 (State vs. Kesh Kanti and another) arising out of Case Crime no. 216 of 2018 under sections 323, 325, 308, 506 IPC, PS- Barnahal, District Mainpuri on the basis of compromise dated 30.5.2025.

In compliance of earlier order dated 28.7.2025 passed by this Court, compromise verification report has already been received from learned Additional Sessions Judge/F.T.C., Court no. 1, Mainpuri and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 12.8.2025 in presence of both the parties.

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

NA528 No. 24341 of 2025

2

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 S.T. no. 159 of 2023 (State vs. Kesh Kanti and another) arising out of Case Crime no. 216 of 2018 under sections 323, 325, 308, 506 IPC, PS- Barnahal, District Mainpuri, are hereby quashed , only in respect of applicants namely Kesh Kanti and Veer Pal Singh.

Accordingly, the present application stands allowed .

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

If at all, opposite party no. 2 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.

(Saurabh Srivastava,J.)

October 13, 2025 Shaswat

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