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

Heard Sri Ehtesham Afsar Khan, Learned counsel for the applicants, Sri Raghvendra Pratap Singh, Advocate holding brief of Sri Mohd. Sauood, Learned counsel for the opposite party no.2 and Sri G.P. Singh, Learned A.G.A. for the State.

¶13

The instant application has been filed for quashing the charge-sheet dated 28.04.2024 along with cognizance/summoning order dated 03.07.2025 and the entire proceedings of Case No.7006 of 2025 (State vs. Chandrasen and Others) arising out of Case Crime No.154 of 2024, under sections 147, 323, 504, 506 IPC, P.S. Kotwali, District- Bareilly, pending in the court of learned Chief Judicial Magistrate, Bareilly.

¶14

This Court on 10.10.2025 passed the following order :-

¶15

"Sri Mohd. Sauood Advocate has filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record.

¶16

Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 147, 323, 504, 506 of I.P.C. on the basis of compromise dated 19.08.2025. A certified copy of the said compromise is on record which is annexed as Annexure No. 3 of the affidavit.

¶17

Both the parties are directed to appear before the court concerned within six weeks from today for verification and the court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as verification proceedings of compromise.

¶18

NA528 No. 36150 of 2025

¶19

2

¶20

Put up this case as fresh on 16.12.2025.

¶21

Till the next date of listing proceedings of Case No. 7006 of 2025, arising out of Case Crime No. 154 of 2024, under Sections 147, 323, 504, 506 of I.P.C., Police StationKotwali, District Bareilly, pending in the Court of Chief Judicial Magistrate, Bareilly shall remain stayed against the applicants. "

¶22

When the case has been called on today, Learned counsel for the applicants has filed a supplementary affidavit annexing the certified copy of the order dated 12.11.2025 by which the compromise has been verified by the Learned Chief Judicial Magistrate, Bareilly. Learned counsel for the applicants states that in view of the compromise rendered between the parties, which has been duly verified by the concerned court, the proceedings in question may be quashed.

¶23

Learned counsel for the opposite party no.2 also has no objection to the proceedings being quashed on the basis of compromise. He submits that a petty dispute with respect to the charges in relation to an ice-cream led to lodging of this criminal case. Now, the parties have settled their dispute and except section 147 IPC, the other offences under sections 323, 504, 506 IPC are compoundable under section 320 Cr.P.C.

¶24

Learned A.G.A. has also no objection to the proceedings being decided on the basis of compromise.

¶25

Taking into account the fact that the dispute appears to be private in nature having no societal implication and also the fact that offences under sections 323, 504, 506 IPC are compoundable and get lawfully compounded. Continuation to this proceeding can be tantamount to abuse of the process of law. There is no likelihood of conviction, once the parties have entered into a compromise and continuation to these proceedings would be against the interest of justice.

¶26

This Court is not unmindful of the judgements of the Hon'ble the Supreme Court in the cases of Nikhil Merchant Vs. Central Bureau of Investigation, (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab, (2014) 6 SCC 466 , wherein the Hon'ble Supreme Court has categorically held that the High Court has ample power to quash proceedings on the basis of compromise between the parties even in respect of certain cognizable and non-

¶27

NA528 No. 36150 of 2025

¶28

3

¶29

compoundable offences.

¶30

Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties and seeing that the compromise has been effected, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of this case.

¶31

Accordingly, the entire proceedings of Case No.7006 of 2025 (State vs. Chandrasen and Others) arising out of Case Crime No.154 of 2024, under sections 147, 323, 504, 506 IPC, P.S. Kotwali, District- Bareilly, pending in the court of learned Chief Judicial Magistrate, Bareilly, are hereby quashed.

¶32

The instant application stands allowed .

¶33

December 16, 2025 Saif

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(Rajiv Lochan Shukla,J.)

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

Chandrasen and 4 Others v. State of U.P. and Another

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