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2025 DAILYLAW 2079 (ALL)

VIJAY KUSHWAHA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17977/2025 · 2026-04-19

Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17977 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Mr. Hare Ram Pandey, learned counsel for the applicants, learned A.G.A. for the State of U.P., Mr. Varun Shankar Dwivedi, learned counsel for the opposite party no. 2 and perused the record. 2. This application under Section 528 of BNSS has been filed for quashing the charge-sheet dated 19.07.2021, along with entire proceedings of Sessions Case No.1944 of 2021 ( State Vs. Vijay Kushwaha and others), arising out of Case Crime No. 48 of 2021, under Sections 147, 308, 323, 504, 506 IPC., Police Station Tiwaripur, District Gorakhpur, pending in the Court of learned Additional Sessions Judge Court No.6, Gorakhpur. 3. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 12.08.2025, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the court concerned had verified the contents of compromise. 4. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide order dated 18.08.2025, a copy of which has been annexed as Annexure No.SA-2 to the supplementary affidavit. 5. Learned A.G.A. has fairly conceded that compromise has been effected Versus Counsel for Applicant(s) : Hare Ram Pandey Counsel for Opposite Party(s) : G.A., Varun Shankar Dwivedi Vijay Kushwaha And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) between the parties and the same has duly been verified by the court below. 6. 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. 7. 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. 8. For the discussions made above, the present application is allowed and charge-sheet dated 19.07.2021, along with entire proceedings of Sessions Case No.1944 of 2021 ( State Vs. Vijay Kushwaha and others), arising out of Case Crime No. 48 of 2021, under Sections 147, 308, 323, 504, 506 IPC., Police Station Tiwaripur, District Gorakhpur, pending in the Court of learned Additional Sessions Judge Court No.6, Gorakhpur, are hereby quashed. April 20, 2026 SFH NA528 No. 17977 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad