GAURAV MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1848/2025 · 2025-11-26
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184111 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184111 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1848 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Vakalatnama filed by Shri Rajendra Prasad Lodhi, Advocate on behalf of respondent no. 2 is taken on record. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and learned counsel appearing for respondent no. 2. 3. The present application has been filed with a prayer to quash the charge sheet dated 15.02.2025 as well as entire proceedings of F.I.R. No. 85 of 2025, under Sections 308(5), 352, 351(3) BNS, P.S. Kotwali Nagar, District Gonda. 4. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 26.09.2025 passed in Application u/s 528 No. 1409 of 2025, the matter was sent before the court below for verification of the compromise deed. 5. It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated
31.10.2025. The compromise deed is appended as Annexure 3 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants. 6. Learned A.G.A. fairly concedes that compromise has been Versus Counsel for Applicant(s) : Rajeev Kumar Mishra Rudra Counsel for Opposite Party(s) : G.A. Gaurav Mishra And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
effected between the parties and the same has duly been verified by the court below. 7. Hon'ble Apex Court, in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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 fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further. 9. For the discussions made above, the present application is allowed. 10.
Charge sheet dated 15.02.2025 as well as entire proceedings of F.I.R. No. 85 of 2025, under Sections 308(5), 352, 351(3) BNS, P.S. Kotwali Nagar, District Gonda are hereby quashed. 11. Office is directed to send a copy of this order to the court concerned, forthwith. November 26, 2025 VKS NA528 No. 1848 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench