Sama Begum and Another Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Sama Begum and Another Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings of Case No.2169 of 2016 (State Vs. Sama Begum and others), arising out of Case Crime No.518 of 2015, under Sections 323, 504, 506, 308 IPC, pending before the Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad; liberty to opposite party no.2 to seek recall of the order.

Issue for consideration

Whether the entire criminal proceedings of Case No.2169 of 2016 (State Vs. Sama Begum and others), arising out of Case Crime No.518 of 2015, under Sections 323, 504, 506, 308 IPC, pending before the Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad, can be quashed on the basis of compromise between the parties.

Court's answer

The parties having amicably settled their dispute, and the fact of compromise confirmed and admitted by learned counsel for the opposite parties, there would be no harm and error if the proceedings are quashed in light of the compromise.

Ratio / Principle

Entire criminal proceedings of Case No.2169 of 2016 (State Vs. Sama Begum and others), arising out of Case Crime No.518 of 2015, under Sections 323, 504, 506, 308 IPC, P.S. Jasrana, District Firozabad, pending in the court of the learned Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad, are quashed.

Key takeaways

Liberty reserved to opposite party no.2: if he feels duped or betrayed, he may seek recall of this order by filing a recall application explaining the reasons.obiter¶22

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) allowed an application under Section 528 BNSS filed by Sama Begum and another seeking quashing of the entire criminal proceedings of Case No.2169 of 2016 (State Vs. Sama Begum and others), arising out of Case Crime No.518 of 2015, under Sections 323, 504, 506, 308 IPC, P.S. Jasrana, District Firozabad, pending before the Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad. The compromise between the parties had been verified by the trial court on 16.12.2025 and was confirmed and admitted by counsel for the opposite parties. Relying on Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, 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 of the criminal proceedings in light of the compromise causes no harm or error and secures the ends of justice, and accordingly quashed the entire proceedings. The application was allowed, with liberty reserved to opposite party no.2 to seek recall of the order by filing a recall application if he felt duped or betrayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47526 of 2025

Sama Begum And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Shiva	Kant Dubey,	Surya Prakash Dubey
Counsel for Opposite Party(s)	: G.A.,	Sunil Kumar	Misra

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and Sri Sunil Kumar Misra, learned counsel for opposite party no.2 as well as learned AGA.

The present application has been filed to quash entire criminal proceedings of Case No.2169 of 2016 (State Vs. Sama Begum and others), arising out of Case Crime No.518 of 2015, under Sections 323, 504, 506, 308 IPC, P.S. Jasrana, District Firozabad, pending in the court of learned Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad, 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 16.12.2025 which has been appended with supplementary affidavit, this fact has also been ascertained and seconded by learned counsel for opposite party no.2.

The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties 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

NA528 No. 47526 of 2025

2

an end and peace is restored; 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.

Keeping in mind the position of law and facts, circumstances of the case, entire criminal proceedings of Case No.2169 of 2016 (State Vs. Sama Begum and others), arising out of Case Crime No.518 of 2015, under Sections 323, 504, 506, 308 IPC, P.S. Jasrana, District Firozabad, pending in the court of learned Additional Chief Judicial Magistrate-II, Shikohabad, Firozabad, are hereby quashed.

Accordingly, the present application stands allowed .

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 seek recall of this order by way of filing recall application explaining the reasons.

February 24, 2026 Vivek Kr.

(Saurabh Srivastava,J.)

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