NIZAM UDDIN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/19131/2025 · 2025-09-23
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27466 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27466 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19131 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., Sri Amrit Shanker Dubey, learned counsel for the opposite party no. 2 and perused the record.
2. This application under Section 528 BNSS has been filed for quashing the entire criminal proceedings of Case No. 53077 of 2023 (State vs. Nizam Uddin & others) arising out of Case Crime No. 172 of 2023, under Sections 147, 148, 323, 324, 504 IPC, Police Station Linepar, District Firozabad, pending before Judicial Magistrate, Firozabad and cognizance
order dated 7.10.2023 in the light of compromise.
3. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. It is further submitted that in the changed scenario both the parties have buried the hatchet and they have no grudges against each other, therefore, instant application may be allowed and the criminal proceeding may be quashed on the basis of the compromise. It is further submitted that both the parries have filed cross F.I.R. against each other. Case Crime No. 173 of 2023 has been filed by the present applicants against the respondent no. 2 and others, arising out of which Application Under Section 528 B.N.S.S. No. 11955 of 2025 (Aleem @ Bhola and 6 Others Vs. State of U.P. and Another) has been preferred by the opposite party no. 2 and others, wherein matter has been referred for verification of compromise, vide order dated 11.04.2025. Learned counsel for the applicants submitted that vide
order dated 31.7.2025 a direction was given to the court below to verify Versus Counsel for Applicant(s) : Anil Kumar Srivastava, Poonam Srivastava Counsel for Opposite Party(s) : Amrit Shanker Dubey, G.A. Nizam Uddin And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the compromise executed by the parties. In pursuance of the aforesaid
order, the parties appeared before the court below and the learned court below had verified the contents of compromise after recording statement of the parties.
4. Learned counsel for the applicant 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 below vide order dated 1.9.2025.
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 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.
8. For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed. September 24, 2025 Dhirendra/ NA528 No. 19131 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad