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2025 DAILYLAW 18170 (ALL)

GIRJESH DWIVEDI v. STATE OF U.P. AND 2 OTHERS

NA528/4470/2025 · 2025-09-23

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4470 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant, learned counsel for the respondent No.3 and learned A.G.A. for the State of U.P. and perused the material available record. 2. The instant application under section 582 BNSS has been filed for quashing of chargesheet dated 09.06.2018 under Sections 323, 504, 506 IPC and summoning order dated 20.11.2018 and the entire proceedings of Case No.3263 of 2018, arising out of Crime No.56 of 2018, registered under Sections 323, 504, 506, 452, 379 IPC, Police Station Bara, District Allahabad, pending in the court of Judicial Magistrate, 3rd Allahabad. 3. Learned counsel for the applicant submitted that on joint prayer of both the parties, this Court vide order dated 07.03.2025 directed the parties to appear before the court concerned for verification of compromise within six weeks, and court below was directed to accept the compromise in presence of both the parties. Where he has stated that in compliance of courts order the parties have duly verified the same on 10.09.2025. Copy of compromise alongwith proceedings of trial court taken has been filed before this Court in compliance of earlier order. 4. Certified copy of the compromise and verification order have also been filed through supplementary affidavit. 5. Learned counsel for the applicant prayed that the proceedings of the trail court may be directed to quash in terms of compromise which is duly verified. Versus Counsel for Applicant(s) : Mahendra Kumar Yadav, Shaurya Sharma Counsel for Opposite Party(s) : G.A., Vishesh Kumar Girjesh Dwivedi .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 6. Learned counsel for the respondent No.3 and learned A.G.A. for the State has expressed his concurrence to the prayer made be learned counsel for the applicant that compromise has been effected between the parties and the same has duly been verified by the court below. 7. Considering the submissions of learned counsel for the parties in light of judgment of 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, 10 SCC 303], Narindra Singh and others vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir vs. State of Gujarat, (2017) 9 SCC 641 and State of Madhya Pradesh vs. Laxmi Narayan, (2019) 5 SCC 688, Ram Gopal Vs. The State of Madhya Pradesh 14 (SCC) 531 and Madhavrao Jiwaji Rao Scindia & Anr. vs Sambhajirao Chandraojirao Angre 1981 (1) SCC 692. 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 consequently, the entire proceedings of the aforesaid criminal case are hereby quashed. 10. Let a copy of this order be sent to the court concerned for necessary compliance. September 24, 2025 Ashish/- NA528 No. 4470 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad