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2025 DAILYLAW 1834 (ALL)

AKSHAY v. STATE OF U.P. AND ANOTHER

NA528/38874/2025 · 2026-03-18

Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38874 of 2025 Court No. - 84 HON'BLE SANJIV KUMAR, J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Padmaker Pandey, learned Counsel for the applicant, learned A.G.A. for the State, Sri Shubham Srivastava, learned Counsel for the opposite party no. 2 and perused the record. 3. This application under Section 528 BNSS has been filed by the applicant to quash entire proceeding of Criminal Case No.1862 of 2025 arising out of Case Crime No.279 of 2024, under Sections 318 (4), 332 (C) and 351 (2) BNSS, Police Station Jhinjhana, District Shamli as well as charge-sheet dated 31.12.2024 and summoning order dated 12.03.2025. 4. Learned Counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 04.02.2026 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. 5. 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 25.02.2026. 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 Trial Court. 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 Versus Counsel for Applicant(s) : Padmaker Pandey Counsel for Opposite Party(s) : Shubham Srivastava, G.A. Akshay .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 entire proceeding of Criminal Case No.1862 of 2025 arising out of Case Crime No.279 of 2024, under Sections 318 (4), 332 (C) and 351 (2) BNSS, Police Station Jhinjhana, District Shamli as well as charge-sheet dated 31.12.2024 and summoning order dated 12.03.2025 are hereby quashed. March 19, 2026 Amit NA528 No. 38874 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad