Shahid and 6 Others Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Shahid and 6 Others Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; chargesheet dated 12.02.2024, cognizance/summoning order dated 27.02.2024 and the entire criminal proceedings of Case No.1122 of 2024 (State Vs. Shahid and others), arising out of Case Crime No.492 of 2023, quashed; liberty reserved to opposite party nos. 2 to 4 to seek recall of the order by way of a recall application.

Issue for consideration

Whether the chargesheet dated 12.02.2024, the cognizance/summoning order dated 27.02.2024 and the entire criminal proceedings of Case No.1122 of 2024 (State Vs. Shahid and others), arising out of Case Crime No.492 of 2023 under Sections 147, 452, 323, 504, 506 IPC, should be quashed on the basis of the compromise between the parties.

Court's answer

Where the parties have amicably settled their dispute and the fact of compromise has been confirmed and admitted by the learned AGA, there would be no harm and error in quashing the criminal proceedings in light of the compromise.

Ratio / Principle

The chargesheet dated 12.02.2024 and the cognizance/summoning order dated 27.02.2024, along with the entire criminal proceedings of Case No.1122 of 2024 (State Vs. Shahid and others), arising out of Case Crime No.492 of 2023 under Sections 147, 452, 323, 504, 506 IPC, pending before the learned Civil Judge (Sr. Div.), Ghaziabad, are quashed.

Key takeaways

If opposite party nos. 2 to 4 feel duped or betrayed, they may seek recall of this order by filing a recall application explaining the reasons.ratio¶21

Detailed headnote1 paragraphs

Quashing of criminal proceedings on the basis of compromise — Application under Section 528 BNSS seeking quashing of chargesheet dated 12.02.2024 and cognizance/summoning order dated 27.02.2024, along with entire criminal proceedings of Case No.1122 of 2024 (State Vs. Shahid and others), arising out of Case Crime No.492 of 2023, under Sections 147, 452, 323, 504, 506 IPC, P.S. Masuri, District Ghaziabad, pending before the learned Civil Judge (Sr. Div.), Ghaziabad — Parties amicably settled their dispute; compromise verified by the learned court concerned on 30.03.2026 and the fact confirmed and admitted by the learned AGA — Relying on Gian Singh v. State of Punjab & another, (2012) 10 SCC 303 (para 54) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692, the Court held that no harm or error would result in quashing the proceedings in light of the compromise — Chargesheet, cognizance/summoning order and entire criminal proceedings quashed; application allowed — Liberty to opposite party nos. 2 to 4 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. - 10180 of 2026

Shahid And 6 Others

.....Applicant(s)

Versus

State Of U.P. And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Mohd Aamir
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 12.02.2024 and cognizance/summoning order dated 27.02.2024 along with entire criminal proceedings of Case No.1122 of 2024 (State Vs. Shahid and others), arising out of Case Crime No.492 of 2023, under Sections 147, 452, 323, 504, 506 IPC, P.S. Masuri, District Ghaziabad, pending in the court of learned Civil Judge (Sr. Div.), Ghaziabad, 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 30.03.2026 which has been appended with this petition, this fact has also been ascertained and seconded by learned AGA.

The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned AGA 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 54 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 restored; securing the ends of justice being the ultimate

NA528 No. 10180 of 2026

2

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.

Keeping in mind the position of law and facts, circumstances of the case, chargesheet dated 12.02.2024 and cognizance/summoning order dated 27.02.2024 along with entire criminal proceedings of Case No.1122 of 2024 (State Vs. Shahid and others), arising out of Case Crime No.492 of 2023, under Sections 147, 452, 323, 504, 506 IPC, P.S. Masuri, District Ghaziabad, pending in the court of learned Civil Judge (Sr. Div.), Ghaziabad, are hereby quashed.

Accordingly, the present application stands allowed .

If at all, opposite party nos. 2 to 4 feel that they have been duped or betrayed, then in that event, they may seek recall of this order by way of filing recall application explaining the reasons.

April 20, 2026

Vivek Kr.

(Saurabh Srivastava,J.)

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