Allahabad High Court
Gaurav Sisodia vs State Of U.P. And Another on 6 October, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:176610
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32986 of 2025
Gaurav Sisodia
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Surabhi Pandey, Suresh Chandra Pandey
Counsel for Opposite Party(s)
:
Vishnu Shankar Mishra, G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Learned counsel for the applicant provided the certified copy of compromise verification report dated 15.09.2025, which is taken on record.
2. Heard learned counsel for applicant, Sri Vishnu Shankar Mishra, learned counsel for opposite party no. 2 and learned AGA for the State.
3. Present application u/s 528 of the B.N.S.S. has been preferred with a prayer to quash the charge sheet dated 30.01.2025 as well as entire criminal proceeding of Session Trial no. 860 of 2025 arising out of Case Crime no. 042 of 2025, under sections 288, 125, 109, B.N.S. and Section 30 of Arms Act, PS- Bisrakh, District Gautam Buddha Nagar as well as cognizance and summoning order dated 16.05.2025.
4. In compliance of earlier order dated 02.09.2025 passed by this Court, compromise verification report has already been received by learned counsel for applicant, who preferred the same today.
5. Sri Vishnu Shankar Mishra, learned counsel for opposite party no. 2 and learned AGA for the State showed no objection to aforesaid contention of learned counsel for applicant.
6. From perusal of records, it transpires that the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for the parties and it has been submitted that there would be no harm and error and it would be in the interest of justice that the proceedings may be quashed in light of the compromise.
7. A three-Judge Bench of the Hon'ble 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.
8. 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.
9. In view of the aforementioned facts and circumstances, the entire proceeding of Session Trial no. 860 of 2025 arising out of Case Crime no. 042 of 2025, under sections 288, 125, 109, B.N.S. and Section 30 of Arms Act, PS- Bisrakh, District Gautam Buddha Nagar as well as cognizance and summoning order dated 16.05.2025, are hereby quashed, only in respect of applicant herein namely Gaurav Sisodiya.
10. Accordingly, the present application under Section 528 of the B.N.S.S. stands allowed.
11. The parties may file the copy of this order before the court concerned within two weeks from today.
(Saurabh Srivastava,J.)
October 6, 2025
Vibha Singh
