DURVESH ALIAS TIKARAM v. STATE OF U.P. AND ANOTHER
NA528/18923/2025 · 2025-09-22
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61558 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61558 (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. - 18923 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., and perused the record. 2. This application under Section 528 BNSS has been filed for quashing the entire criminal proceedings of S.T. No. 793 of 2023, arising out of Case Crime No. 395 of 2015, under Sections 307, 504, 506 IPC, Police Station Merapur, District Farrukhabad, pending before Additional District and Sessions Judge, court no. 9, Farrukhabad in the light of compromise dated 31.1.2025. 3. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 27.5.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the parties appeared before the court below 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 supported by affidavit of the informant, which has duly been verified by the court below vide report dated 11.7.2025, which has been alongwith 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) : Ram Kumar Pal Counsel for Opposite Party(s) : G.A. Durvesh Alias Tikaram .....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 23, 2025 Dhirendra/ NA528 No. 18923 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad