ALEEM @ BHOLA AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11955/2025 · 2025-09-23
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35978 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35978 (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. - 11955 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., 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 criminal proceeding of Case No.53075 of 2023 (State vs. Aleem @ Bhola and others) arising out of Case Crime No.173 of 2023, under Sections 147, 148, 323, 324, 504 and 308 I.P.C., Police Station Linepar, District Firozabad as well as charge-sheet dated 05.08.2023 and summoning order dated 07.10.2023. 3. Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to offence punishable under Sections 147, 148, 323, 324, 504, 308 of I.P.C. on the basis of compromise dated
09.01.2025. Certified copy of the compromise is on record as Annexure-7 to the affidavit. They next submitted that vide order dated 11.04.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court below had verified the contents of compromise. 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 report dated 01.09.2025. Versus Counsel for Applicant(s) : Amrit Shanker Dubey Counsel for Opposite Party(s) : G.A. Aleem @ Bhola And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 entire criminal proceeding of Case No.53075 of 2023 (State vs. Aleem @ Bhola and others) arising out of Case Crime No.173 of 2023, under Sections 147, 148, 323, 324, 504 and 308 I.P.C., Police Station Linepar, District Firozabad as well as charge-sheet dated 05.08.2023 and summoning order dated 07.10.2023 are hereby quashed. September 24, 2025 Amit NA528 No. 11955 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad