SHAHANWAJ AHAMAD ALIAS RANU AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/2062/2025 · 2025-12-10
Brij Raj Singh
body2025
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[ 2025 DAILYLAW 199521 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 199521 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2062 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Sri Sarvesh Baranwal, 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 applicants, 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 with the prayer to quash the entire proceedings of Criminal Case No. 1236 of 2025 (State Vs. Akaram and others) arising out of the impugned charge sheet No. 01/2025, dated 28.07.2025 filed by the investigating officer in Case Crime No. 0179/2025, U/s-191(2), 125, 352, 351(3) BNS (corresponding section- 147, 336, 504, 506 I.P.C.) and section 3(1)(s), 3(2)(Va) of SC/ST Act, pertaining to Police Station Kaiserganj, District-Bahraich as well as cognizance/summoning order dated 22.09.2025 passed by the court of learned Special Judge (SC/ST Act), Bahraich whereby applicants have been summoned under section 191(2), 125, 352, 351(3) BNS and section- 3(1)(s), 3(2)(Va) of SC/ST Act, in view of compromise dated 09.10.2025 arrived between the petitioners and complainant, in respect of the applicants. Versus Counsel for Applicant(s) : Suresh Kumar Yadav Counsel for Opposite Party(s) : G.A. Shahanwaj Ahamad Alias Ranu And 2 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
4. Learned counsel for the applicants submitted that parties do not want to pursue the case any further and they have entered into compromise. He further submits that vide order dated 16.10.2025 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 15.11.2025. 5. Sri Sarvesh Baranwal, Advocate, appearing for the opposite party No. 2, agrees to the contentions made by the learned counsel for the applicants, and he does not have any objection to the aforesaid proceedings being quashed. 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 entire proceedings of Criminal Case No. 1236 of 2025 (State Vs. Akaram and others) arising out of the impugned charge sheet No. 01/2025, dated 28.07.2025 filed by the investigating officer in Case Crime No. 0179/2025, U/s- 191(2), 125, 352, 351(3) BNS (corresponding section- 147, 336, 504, 506 I.P.C.) and section 3(1)(s), 3(2)(Va) of SC/ST NA528 No. 2062 of 2025 2
Act, pertaining to Police Station Kaiserganj, District-Bahraich as well as cognizance/summoning order dated 22.09.2025 passed by the court of learned Special Judge (SC/ST Act), Bahraich whereby applicants have been summoned under section 191(2), 125, 352, 351(3) BNS and section- 3(1)(s), 3(2)(Va) of SC/ST Act, in respect of the applicants, are hereby quashed. December 10, 2025 A.Nigam NA528 No. 2062 of 2025 3 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench