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

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

What the court decided

AI extract

Outcome

Quashing of the charge-sheet dated 06.11.2022, cognizance/summoning order dated 27.07.2023 and the entire proceedings of Case No.118800 of 2023 (State vs. Shafiq Alam and another) under Sections 323, 341, 354, 504, 506 IPC, P.S. Jajmau, District Kanpur Nagar, pending in the court of the learned Chief Judicial Magistrate, Kanpur Nagar.

Issue for consideration

Whether the charge-sheet dated 06.11.2022, cognizance/summoning order dated 27.07.2023 and the entire proceedings of Case No.118800 of 2023 (State vs. Shafiq Alam and another) under Sections 323, 341, 354, 504, 506 IPC are liable to be quashed in light of the compromise between the parties.

Court's answer

The parties have amicably settled their dispute; the compromise was verified by the learned Chief Judicial Magistrate, Kanpur Nagar on 02.04.2026 and the fact of compromise was confirmed and admitted by learned counsel for the opposite parties.

Ratio / Principle

The charge-sheet dated 06.11.2022, cognizance/summoning order dated 27.07.2023 and the entire proceedings of Case No.118800 of 2023 (State vs. Shafiq Alam and another) under Sections 323, 341, 354, 504, 506 IPC, P.S. Jajmau, District Kanpur Nagar, pending before the learned Chief Judicial Magistrate, Kanpur Nagar, are quashed in light of the compromise, keeping in mind the position of law in Gian Singh and Madhavrao Jiwajirao Scindia and the facts and circumstances of the case.

Key takeaways

The present application stands allowed.ratio¶18
Liberty is reserved to the informant/opposite party no.2 to file a recall application explaining the reasons, if he/she feels duped or betrayed; the order was passed after hearing the contesting parties.obiter¶19

Detailed headnote1 paragraphs

Criminal quashing — Application under Section 528 BNSS — Charge-sheet dated 06.11.2022 and cognizance/summoning order dated 27.07.2023 in Case No.118800 of 2023 under Sections 323, 341, 354, 504, 506 IPC, P.S. Jajmau, District Kanpur Nagar — Compromise between parties verified by learned Chief Judicial Magistrate, Kanpur Nagar on 02.04.2026 and confirmed by counsel for opposite parties — Relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303 (para 58) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692, charge-sheet, cognizance/summoning order and entire proceedings quashed; application allowed — Liberty left to informant/opposite party no.2 to file recall application if aggrieved.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9672 of 2026

Shafiq Alam And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Alok Shukla, Bharat Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the parties.

The present application has been filed to quash the charge-sheet dated 06.11.2022, cognizance/summoning order dated 27.07.2023 and the entire proceedings of Case No.118800 of 2023 (State vs. Shafiq Alam and another) under Sections 323, 341, 354, 504, 506 IPC, P.S. Jajmau, District Kanpur Nagar, pending in the court of learned Chief Judicial Magistrate, Kanpur Nagar.

At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned Chief Judicial Magistrate, Kanpur Nagar on dated 02.04.2026, which has been appended with order sheet preferred on behalf of the applicants, this fact has also been ascertained and seconded by learned counsel for opposite parties.

The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and jointly submitted that there would be no harm and error and would be in the interest of justice that 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

NA528 No. 9672 of 2026

2

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 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, charge-sheet dated 06.11.2022, cognizance/summoning order dated 27.07.2023 and the entire proceedings of Case No.118800 of 2023 (State vs. Shafiq Alam and another) under Sections 323, 341, 354, 504, 506 IPC, P.S. Jajmau, District Kanpur Nagar, pending in the court of learned Chief Judicial Magistrate, Kanpur Nagar, 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, informant/opposite party no.2 feels that he/she has been duped or betrayed, then in that event, he/she may file recall application explaining the reasons for filing the said application.

May 5, 2026

Ashish/-

(Saurabh Srivastava,J.)

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