Khusro Yusuf and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Khusro Yusuf and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; chargesheet dated 01.11.2024, cognizance order dated 19.02.2025 and entire criminal proceedings of Criminal Case No.14126 of 2025 (arising out of Case Crime No.87 of 2024) quashed on the basis of the compromise, with liberty reserved to opposite party no. 2 to seek recall of the order through a recall application.

Issue for consideration

Whether the chargesheet dated 01.11.2024, cognizance order dated 19.02.2025 and entire criminal proceedings of Criminal Case No.14126 of 2025 (arising out of Case Crime No.87 of 2024, under Sections 147, 427, 504, 506, 120-B IPC, P.S. Jajamau, District Kanpur Nagar) pending before the Chief Judicial Magistrate, Kanpur Nagar should be quashed on the basis of the compromise between the parties.

Court's answer

The chargesheet dated 01.11.2024, cognizance order dated 19.02.2025 and entire criminal proceedings of Criminal Case No.14126 of 2025, arising out of Case Crime No.87 of 2024, under Sections 147, 427, 504, 506, 120-B IPC, P.S. Jajamau, District Kanpur Nagar, pending in the court of the learned Chief Judicial Magistrate, Kanpur Nagar, are hereby quashed.

Ratio / Principle

Since the parties have amicably settled their dispute, there would be no harm and error in quashing the proceedings in light of the compromise.

Key takeaways

If opposite party no. 2 feels duped or betrayed, he may seek recall of this quashing order by filing a recall application explaining the reasons.obiter¶20

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; Court No. 77), by order dated November 25, 2025, allowed Application U/S 528 BNSS No. 26548 of 2025 (Khusro Yusuf and 5 Others v. State of U.P. and Another) and quashed the chargesheet dated 01.11.2024, the cognizance order dated 19.02.2025 and the entire criminal proceedings of Criminal Case No.14126 of 2025, arising out of Case Crime No.87 of 2024 under Sections 147, 427, 504, 506 and 120-B IPC, P.S. Jajamau, District Kanpur Nagar, pending before the Chief Judicial Magistrate, Kanpur Nagar, on the basis of the compromise between the parties verified by the learned court concerned on 04.09.2025. Relying on Gian Singh v. State of Punjab & another, (2012) 10 SCC 303 (paras 58) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692, the court held that where the parties have amicably settled their dispute, quashing the proceedings in light of the compromise would cause no harm or error. Opposite party no. 2 was permitted, if he feels duped or betrayed, to seek recall of the order by filing a recall application explaining the reasons.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 26548 of 2025

Khusro Yusuf And 5 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Anoop Kumar Pandey, Ravi Sahu
Counsel for Opposite Party(s)	: G.A.
Court No.- 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and learned AGA.

The present application has been filed to quash chargesheet dated 01.11.2024 along with cognizance order dated 19.02.2025 and entire criminal proceedings of Criminal Case No.14126 of 2025, arising out of Case Crime No.87 of 2024, under Sections 147, 427, 504, 506, 120-B IPC, P.S. Jajamau, District Kanpur Nagar, pending in the court of learned Chief Judicial Magistrate, Kanpur Nagar, on the basis of compromise.

At the very outset, learned counsel for applicants has submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 04.09.2025 which has been appended with this petition.

The parties have amicably settled their dispute and as such, there would be no harm and error if 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 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

NA528 No. 26548 of 2025

2

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, chargesheet dated 01.11.2024 along with cognizance order dated 19.02.2025 and entire criminal proceedings of Criminal Case No.14126 of 2025, arising out of Case Crime No.87 of 2024, under Sections 147, 427, 504, 506, 120-B IPC, P.S. Jajamau, District Kanpur Nagar, pending in the court of learned Chief Judicial Magistrate, Kanpur Nagar, are hereby quashed.

Accordingly, the present application stands allowed .

If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may seek recall of this order by way of filing recall application explaining the reasons.

November 25, 2025

Vivek Kr.

(Saurabh Srivastava,J.)

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad