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2025 DAILYLAW 2267 (ALL)

RAJBABU ALIAS DEEPAK AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/22519/2025 · 2026-04-23

Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22519 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Shri Manish Kumar, learned Counsel for the applicants, Shri Satya Prakash, learned counsel for opposite party no. 2 and Shri Om Prakash Mishra, learned A.G.A for the State and perused the record. 2. In compliance of order dated 27.06.2025 of this Court, compliance report of Chief Judicial Magistrate, Rampur dated 16.04.2026 has been received. The above report shows that both the parties had appeared before the learned trial court and had verified the compromise. The verified compromise deed and verification report is also annexed with the report. 3. This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Criminal Case No. 2009 of 2020 (State Vs. Rajbabu @ Deepak and Others) arising out of Case Crime No.72 of 2020, under Sections- 420, 406, 504, 506 I.P.C., Police Station- Civil Lines, District- Rampur, and charge-sheet dated 15.07.2020 as well as cognizance/ summoning order dated 07.08.2020, pending in the court of learned Chief Judicial Magistrate, Rampur. 4. It is submitted on behalf of learned counsel for the parties that both the parties had re-conciled their differences on their own freewill and wish without any pressure and now living peacefully. The verified compromise deed and verification report of the learned trial court is being filed alongwith the verification report. 5. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 27.06.2025, 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 Versus Counsel for Applicant(s) : Abrar Ahmad Siddiqui, Manish Kumar Counsel for Opposite Party(s) : Nandini Pandey, Satya Prakash, Sharadey Mishra, G.A. Rajbabu Alias Deepak And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of compromise. 6. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has been duly verified by the parties before the concerned trial court court vide verification report dated 16.04.2026. 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 trial court. 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. 10. For the discussions made above, the present application is allowed and the entire proceeding of Criminal Case No. 2009 of 2020 (State Vs. Rajbabu @ Deepak and Others) arising out of Case Crime No.72 of 2020, under Sections- 420, 406, 504, 506 I.P.C., Police Station- Civil Lines, District- Rampur, and charge-sheet dated 15.07.2020 as well as cognizance/ summoning order dated 07.08.2020, are hereby quashed. April 24, 2026 AdityaG NA528 No. 22519 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad