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2025 DAILYLAW 2934 (ALL)

RAKESH FAUJI AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS

NA528/38283/2025 · 2026-05-05

Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38283 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Supplementary affidavit, filed by learned counsel for the applicants, is taken on record. 2. Heard Ms. Archana Mishra, advocate holding brief of Ms. Monika Pal, learned counsel for the applicants, learned A.G.A. for the State of U.P., Shri Vinod Kr. Patel, advocate holding brief of Shri Satya Narayan Yadav, learned counsel for the opposite party nos. 2 to 5 and perused the record. 3. This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Criminal Case No. 8022 of 2021, arising out Case Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad, as well as the cognizance order dated 24.11.2021 and charge sheet dated 13.3.2020. 4. Learned counsel for the applicant and opposite party No.2 have jointly submitted that the parties have entered into compromise and vide order dated 11.11.2025, a direction was given to the learned Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned Trial Court has verified the contents of compromise vide order dated 20.12.2025. Certified copy of the verification order along with the verified compromise has been annexed with the supplementary affidavit, filed today. 5. Learned A.G.A. has fairly conceded that compromise has been effected Versus Counsel for Applicant(s) : Monika Pal Counsel for Opposite Party(s) : Satya Narayan Yadav, G.A. Rakesh Fauji And 4 Others .....Applicant(s) State Of U.P. And 4 Others .....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 entire proceeding of Criminal Case No. 8022 of 2021, arising out Case Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad, as well as the cognizance order dated 24.11.2021 and charge sheet dated 13.3.2020, are hereby quashed. May 6, 2026 Vandana NA528 No. 38283 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad