Sabbu Alias Mohd Yusuf Khan 2 Others vs State of U.P. and 2 Others

The instant application has been preferred with prayer to quash charge sheet dated 06.05.2024 (Charge sheet no.185/2024) and cognizance order dated 09.09.2024 in Case no. 5634/2024 (State vs. Mohd. Adil and others) arising out of Case Crime no. 190 of 2024 under sections 323, 308, 506 IPC, Police Station- Tanda, District Rampur pending in the court of learned Chief Judicial Magistrate, Rampur, in terms of compromise entered between the parties.

¶11

In compliance of earlier order dated 11.09.2025 passed by this Court, compromise verification report has already been received from learned Chief Judicial Magistrate, Rampur and the same is appended to order sheet wherein it is mentioned that compromise has been verified on dated 6.10.2025 in presence of both the parties.

¶12

Learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicants.

¶13

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.

¶14

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

¶15

NA528 No. 24766 of 2025

¶16

2

¶17

being the ultimate guiding factor.

¶18

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.

¶19

In view of the aforementioned facts and circumstances, the entire proceeding of Case no. 5634/2024 (State vs. Mohd. Adil and others) arising out of Case Crime no. 190 of 2024 under sections 323, 308, 506 IPC, Police Station- Tanda, District Rampur pending in the court of learned Chief Judicial Magistrate, Rampur, are hereby quashed, only in respect of applicants herein.

¶20

Accordingly, the present application stands allowed.

¶21

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

¶22

This order is being passed by this Court after hearing the contesting parties. 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.

¶23

(Saurabh Srivastava,J.)

¶24

November 21, 2025 Rakesh

¶25

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

Sabbu Alias Mohd Yusuf Khan 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sabbu Alias Mohd Yusuf Khan 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Pooja Rani and Another vs State of U.P. and 3 Others

Kashish and Another vs the State of U.P. and 3 Others

Smt. Khusabu and Another vs State of U.P. and 3 Others

Asif and 3 Others vs State of U.P. and Another

Devnarayan and 4 Others vs State of U.P. and Another

Subhash Chandra and 2 Others vs State of Up and Another