ASHOK KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/12037/2020 · 2026-04-19
Sanjiv Kumar
body2020
DailyLaw.ai
[ 2020 DAILYLAW 1559 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 1559 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 12037 of 2020 Court No. - 83 HON'BLE SANJIV KUMAR, J.
1. Heard Mr. Bhishm Pal Singh learned counsel for the applicants, Sri O.P. Mishra, learned A.G.A. for the State of U.P., and Sri Rajendra Singh Yadav, learned counsel for opposite party No.2 and perused the record. 2. This application under Section 528 of BNSS has been filed for quashing the impugned charge-sheet dated 02.07.2019, cognizance order dated 15.02.2020 as well as entire proceedings of Criminal Case No.2716 of 2020 (State Vs. Atul and others), arising out of Case Crime No. 201 of 2018, under Sections 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station Makkhanpur, District Firozabad, pending in the Court of Additional Civil Judge (J.D.) Ist, Firozabad. 3. Learned counsel for the applicants submitted that vide order dated 22.01.2026, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the court concerned had verified the contents of compromise. 4. Learned counsel for the applicants further submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide order dated 17.02.2026. 5. In this regard, the court concerned i.e. learned Civil Judge (S.D.)/ F.T.C., Firozabad has sent report dated 17.02.2026, along with Versus Counsel for Applicant(s) : Avanish Kumar Shukla, Bhishm Pal Singh, Mithilesh Kumar Shukla Counsel for Opposite Party(s) : G.A., Rajendra Singh Yadav Ashok Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
verification order and verified compromise, which shows that both the parties appeared before the Court and verified the compromise. 6. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below. 7. Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties. 8.
In view of the aforesaid facts and considering that the parties do not wish to pursue the case any further, the dispute is essentially of a private nature and has no wider social impact. Since it has been mutually settled between the parties by way of a compromise, no useful purpose would be served by proceeding with the matter further. 9. For the discussions made above, the present application is allowed and impugned charge-sheet dated 02.07.2019, cognizance order dated 15.02.2020 as well as entire proceedings of Criminal Case No.2716 of 2020 (State Vs. Atul and others), arising out of Case Crime No. 201 of 2018, under Sections 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station Makkhanpur, District Firozabad, pending in the Court of Additional Civil Judge (J.D.) Ist, Firozabad, are hereby quashed. April 20, 2026 SFH A482 No. 12037 of 2020 2
(Sanjiv Kumar,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad