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2025 DAILYLAW 1768 (ALL)

SHISHUPAL v. STATE OF U.P. AND ANOTHER

NA528/37582/2025 · 2026-03-22

Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37582 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Sri Dharmendra Kumar Patel, learned Counsel for the applicant, learned A.G.A. for the State, Sri C.P. Padney, learned Counsel for the opposite party no.2 and perused the record. 2. This application under Section 528 of BNSS has been filed for quashing the entire proceedings of S.S.T. No. 439 of 2018 (Case No. 1201 of 2013), arising out of Case Crime No. 117 of 2013, under Sections 308, 325, 323, 504 of I.P.C., P.S. Rajpura, District Sambhal. 3. Learned Counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 07.11.2025 a direction was given to the Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned Trial Court had verified the contents of compromise. 4. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the Trial Court vide report dated 14.01.2026. 5. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the Trial Court. 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 Versus Counsel for Applicant(s) : Dharmendra Kumar Patel Counsel for Opposite Party(s) : Chandra Prakash Pandey, G.A. Shishupal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 entire proceedings of S.S.T. No. 439 of 2018 (Case No. 1201 of 2013), arising out of Case Crime No. 117 of 2013, under Sections 308, 325, 323, 504 of IPC, P.S. Rajpura, District Sambhal are hereby quashed. March 23, 2026 Amit NA528 No. 37582 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad