MURAD ALI @ BABU AND 3 OTHERS v. STATE OF U.P. AND 5 OTHERS
NA528/5616/2025 · 2025-09-24
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19138 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19138 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5616 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Supplementary affidavit filed on behalf of the applicants is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party nos. 2 to 6 and perused the record. 3. This application under Section 528 of BNSS has been filed for quashing the entire proceedings of Session Trial No.154 of 2024, arising out of Case Crime No.05 of 2023, under Sections 323, 504, 308, 325 and 34 I.P.C., Police Station Sonakpur, District Moradabad as well as charge- sheet No.07 of 2023 dated 18.02.2023 and cognizance order dated
18.09.2023. 4. Learned counsel for the applicants submits that this case is under Sections 323, 504, 308, 325 and 34 IPC, which are punishable with a maximum term of seven years’ imprisonment. The informant and other injured persons, namely, Shafi Jaan, Nabi Jaan, Mehandi Hasan, Munni and Uzma, have reconciled the dispute with the accused persons and arrived at a compromise through the intervention of some respectable persons and well-wishers. No dispute remains between the parties after entering into the compromise. In the supplementary report, one injury of the injured, Mehandi Hasan, on the base of his thumb was found grievous on the X-ray report. There is a cross-case lodged at the instance of applicant no. 3 against the informant side in the present case, in which a Versus Counsel for Applicant(s) : Sunil Kumar Singh Counsel for Opposite Party(s) : Devesh Kumar, G.A. Murad Ali @ Babu And 3 Others .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s)
compromise has been filed by the informant as well as the accused persons. Both the cases have been compromised, the same was filed before the trial court, and was verified by the orders of this Court. He further submits that the cross case lodged at the instance of applicant No. 3 has already been decided in terms of compromise by this Court vide order dated 12.09.2025, passed in Application under Section 528, BNSS No. 25090 of 2025, relating to Session Trial No. 154 of 2024, arising out of Crime Case No. 05 of 2023, under Sections 323, 504, 308, 325, and 34 of the I.P.C., Police Station Sonakpur, District Moradabad. 5.
Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 03.03.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court below had verified the contents of compromise. 6. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that in pursuance of the order dated 03.03.2025, trial Court had verified the said compromise vide report dated
22.04.2025. 7. 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. 8. 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. 9. 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. NA528 No. 5616 of 2025 2
10. For the discussions made above, the present application is allowed and entire proceedings of Session Trial No.154 of 2024, arising out of Case Crime No.05 of 2023, under Sections 323, 504, 308, 325 and 34 I.P.C., Police Station Sonakpur, District Moradabad as well as charge- sheet No.07 of 2023 dated 18.02.2023 and cognizance order dated 18.09.2023 are hereby quashed.
September 25, 2025 Amit NA528 No. 5616 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad