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2025 DAILYLAW 44702 (ALL)

MOHD. WASEEMUL HASAN v. STATE OF U.P. AND ANOTHER

NA528/13150/2025 · 2025-09-24

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13150 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 BNSS has been filed for quashing the entire criminal proceedings of Case No. 2371 of 2012 arising out of Case Crime No. 240 of 2009, under Sections 419, 420, 467, 468, 504, 506, 384 IPC, Police Station Bhelupur, District Varanasi, pending before Special Chief Judicial Magistrate, Varanasi in the light of compromise dated 8.1.2025. 3. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 28.4.2025 a direction was given to the court below to verify the compromise executed by the parties. In pursuance of the aforesaid order, the parties appeared before the court below on 13.6.2025 and the 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 4.7.2025, copy of order and proceedings of the court and compromise are filed as annexure to the supplementary affidavit. 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 Versus Counsel for Applicant(s) : Sapan Kumar Singh Counsel for Opposite Party(s) : Ashish Kumar Gupta, G.A. Mohd. Waseemul Hasan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 25, 2025 Dhirendra/ NA528 No. 13150 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad