AFZAL AHMAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1885/2025 · 2025-11-21
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198154 (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. - 1885 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Sri Sandeep Kumar, Advocate, is present on behalf of the opposite party No. 2 by filing his Vakalatnama, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing of the summoning and cognizance order dated: 05.04.2025 passed by Additional Chief Judicial Magistrate-VI, Lucknow in Case No. 61200/2025, Case Crime No. 227/2024 "State versus Afzal and others" under section 324(2), 351(2), 131, 309(4), 352, 126(2) BNS, (previously section 426, 506, 352, 392, 504 and 341 IPC) Police Station- Jankipuram, District- Lucknow North (Commissionerate Lucknow) and entire proceedings of the case in pursuance thereof, pending in the Court of Additional Chief Judicial Magistrate-VI, Lucknow, in respect of the applicants. 4. Learned counsel for the applicants submitted that the parties have entered into compromise. He further submits that vide order dated 19.03.2024 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 vide its order dated 30.10.2025. Versus Counsel for Applicant(s) : Ashok Kumar Singh Counsel for Opposite Party(s) : G.A., Sandeep Kumar Afzal Ahmad And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
5. Sri Sandeep Kumar, Advocate, appearing for the opposite party No. 2, does not dispute the contentions made by the learned counsel for the applicants. 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 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 and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further. 9. For the discussions made above, the present application is allowed. The proceedings of summoning and cognizance order dated: 05.04.2025 passed by Additional Chief Judicial Magistrate-VI, Lucknow in Case No. 61200/2025, Case Crime No. 227/2024 "State versus Afzal and others" under section 324(2), 351(2), 131, 309(4), 352, 126(2) BNS, (previously section 426, 506, 352, 392, 504 and 341 IPC) Police Station- Jankipuram, District- Lucknow North (Commissionerate Lucknow) and entire proceedings of the case in pursuance thereof, pending in the Court of Additional Chief Judicial Magistrate-VI, Lucknow, in respect of the applicants, are hereby quashed. November 21, 2025 A.Nigam NA528 No. 1885 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench