VINOD KUMAR AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/14083/2025 · 2025-09-24
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47893 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47893 (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. - 14083 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 B.N.S.S. has been filed for quashing the entire proceeding of Complaint Case No. 134 of 2010 (Mohd. Washimul Hasan Vs. Vinod Kumar and others), under Sections 147, 148, 323, 392, 504, 506 I.P.c., Police Station- Shahpur, District- Gorakhpur pending in the court of Civil Judge (Senior Division), court no. 1, Gorakhpur in pursuant to compromise dated 08/09.01.2025. 3. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 08.05.2025, 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 dated 08/09.01.2025. 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 22.05.2025 which is taken on record. 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. Considering the submissions of learned counsel for the parties in light of judgment of 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, 10 SCC 303], Narindra Singh and others vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir vs. Versus Counsel for Applicant(s) : Ashish Kumar Gupta, Haidar Ali Counsel for Opposite Party(s) : G.A., Sapan Kumar Singh Vinod Kumar And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
State of Gujarat, (2017) 9 SCC 641 and State of Madhya Pradesh vs. Laxmi Narayan, (2019) 5 SCC 688, Ram Gopal Vs. The State of Madhya Pradesh 14 (SCC) 531 and Madhavrao Jiwaji Rao Scindia & Anr. vs Sambhajirao Chandraojirao Angre 1981 (1) SCC 692.
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 consequently, the entire proceedings of the aforesaid criminal case are hereby quashed. 9. Let a copy of this order be sent to the court concerned for necessary compliance. September 25, 2025 Anjali NA528 No. 14083 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad