SWATANTRA PANDEY AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16931/2025 · 2025-09-22
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56926 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56926 (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. - 16931 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 charge sheet dated 14.02.2023 and further criminal proceeding of Criminal Misc. Case No. 1368 of 2024, under Sections 147, 148, 323, 504, 506, 452 and 325 I.P.C., Police Station- Linebazar, District- Jaunpur in view of the compromise entered into between the parties on 03.05.2025, pending in the court of learned Chief Judicial Magistrate, court no. 11, Jaunpur. 3. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 20.05.2025, 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. 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 29.07.2025 and the same 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. 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, Versus Counsel for Applicant(s) : Nitya Prakash Tiwari Counsel for Opposite Party(s) : Anoop Baranwal, G.A. Swatantra Pandey And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
(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, 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 23, 2025 Anjali NA528 No. 16931 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad