Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 33127 of 2024 Court No. - 83 HON'BLE SANJIV KUMAR, J.
1. Heard Shri Hasan Parvej, learned counsel for the applicant, Shri Akhilesh Kr. Mishra, learned A.G.A. for the State of U.P. and perused the record. 2. This application under Section 528 of BNSS has been filed for quashing the charge-sheet dated 1.7.2018 and cognizance order dated 8.1.2019 as well as the entire proceeding of Criminal Case No. 103 of 2019 (State vs. Anwar), arising out of Case Crime No. 553 of 2018, under Sections 354, 452 I.P.C., Police Station Baradari, District Bareilly. 3. Learned counsel for the applicant has submitted that the parties have entered into compromise and vide order dated 6.11.2024, a direction was given to the learned Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned Trial Court has verified the contents of compromise vide order dated
20.11.2024. 4. 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. 5. In pursuance of the order dated 6.11.2024 of this Court, A.C.J.M., Court No.1, Bareilly has submitted his report dated 20.11.2024, which shows that the compromise entered between the parties has been verified. A copy of the verification order along with the verified compromise has also been annexed Versus Counsel for Applicant(s) : Hasan Parvej Counsel for Opposite Party(s) : Aman Kumar, G.A. Anwar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
with the report. 6. 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. 7. 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. 8. For the discussions made above, the present application is allowed and the charge-sheet dated 1.7.2018 and cognizance order dated 8.1.2019 as well as the entire proceeding of Criminal Case No. 103 of 2019 (State vs. Anwar), arising out of Case Crime No. 553 of 2018, under Sections 354, 452 I.P.C., Police Station Baradari, District Bareilly, are hereby quashed. May 6, 2026 Vandana A482 No. 33127 of 2024 2 (Sanjiv Kumar,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad