Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 2106 (ALL)

ANSHUL AGARWAL v. STATE OF U.P. AND ANOTHER

NA528/37336/2025 · 2026-04-19

Sanjiv Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37336 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Mr. Brajesh Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State of U.P., Mr. Rohit Kumar Mishra holding brief of Sri Ravish Kumar Singh, 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 entire proceedings of Case No.32608 of 2014 ( State Vs. Anshul Agarwal and others) under Sections 406 & 420 IPC, Police Station Rail Bazar, District Kanpur Nagar including charge-sheet No.50 of 2014, dated 30.06.2014, cognizance and summoning order dated 12.11.2014 passed by the Court of Additional Chief Metropolitan Magistrate-VII, Kanpur Nagar in Case No.205 of 2013 on the basis of compromise dated 23.07.2025, pending in the Court of learned Additional Civil Judge (Sr. Div.)-05, Kanpur Nagar. 3. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 5.01.2026, 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 Versus Counsel for Applicant(s) : Brajesh Kumar Singh Counsel for Opposite Party(s) : Brajesh Kumar Singh, G.A., Ravish Kumar Singh Anshul Agarwal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) order dated 17.03.2026, a copy of which has been annexed as Annexure No.SA-1 to the supplementary affidavit dated 18.04.2026.. 5. 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. 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 Case No.32608 of 2014 ( State Vs. Anshul Agarwal and others) under Sections 406 & 420 IPC, Police Station Rail Bazar, District Kanpur Nagar including charge-sheet No.50 of 2014, dated 30.06.2014, cognizance and summoning order dated 12.11.2014 passed by the Court of Additional Chief Metropolitan Magistrate-VII, Kanpur Nagar in Case No.205 of 2013 on the basis of compromise dated 23.07.2025, pending in the Court of learned Additional Civil Judge (Sr. Div.)-05, Kanpur Nagar., pending in the Court of learned A.C.J.M., Court No.5, Agra, are hereby quashed. April 20, 2026 SFH NA528 No. 37336 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad