Imlakh And 3 Others vs State Of U.P. And Another
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Allahabad High Court

Imlakh And 3 Others vs State Of U.P. And Another on 27 October, 2025

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:188899
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 25362 of 2025   
 
   Imlakh And 3 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Shobhit Jaiswal   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A., Sudhir Kumar Agarwal   
 
     
 
 Court No. - 77
 
   
 
 HON'BLE SAURABH SRIVASTAVA, J.       

1. Heard Sri Shobhit Jaiswal, learned counsel for applicants, Shri Sudhir Kumar Agarwal learned counsel for opposite party no.2 and learned AGA for State.

2. Present application u/s 528 BNSS has been preferred with a prayer to allow the instant application and quash the entire criminal proceedings of Sessions Trial No.1213 of 2021 (State vs. Imlakh and others) arising out of Case Crime No.27 of 2021 under Sections 420, 406, 324, 307, 394, 411 IPC Police Station Civil Lines, District Muzaffar Nagar including charge sheet dated 14.04.2021 passed by learned Additional Sessions Judge-III, Muzaffar Nagar.

3. On the basis of verification report submitted by learned Additional District & Sessions Judge, Court No.6, Muzaffar Nagar on the compromise application dated 12.09.2025, entered between the parties which is appended along with Supplementary affidavit dated 11.10.2025.

4.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.

5. 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.

6. In view of the aforementioned facts and circumstances, the entire proceeding of Sessions Trial No.1213 of 2021 (State vs. Imlakh and others) arising out of Case Crime No.27 of 2021 under Sections 420, 406, 324, 307, 394, 411 IPC Police Station Civil Lines, District Muzaffar Nagar including charge sheet dated 14.04.2021 passed by learned Additional Sessions Judge-III, Muzaffar Nagar, are hereby quashed.

7. Accordingly, the present application under Section 528 BNSS stands allowed.

8. The parties may file the copy of this order before the court concerned within two weeks from today.

(Saurabh Srivastava,J.)

October 27, 2025

Rakesh