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2025 DAILYLAW 62700 (ALL)

ROHIT SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18733/2025 · 2025-09-08

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18733 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., and perused the record. 2. This application under Section 528 BNSS has been filed for quashing the entire criminal proceedings of Session Trial No. 1158 of 2024 (State vs. Rohit Singh and others) arising out of Case Crime No. 18 of 2021, under Sections 323, 504, 506, 308 IPC, Police Station Kubersthan, District Kushinagar, pending before District and Sessions Judge, Kushinagar and charge-sheet dated 27.2.2021 as well as summoning order dated 1.11.2023 in the light of compromise dated 15.7.2025. 3. Learned counsel for the applicant submitted that vide order dated 26.5.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court below had verified the contents of compromise. 4. Learned counsel for the applicant submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 16.7.2025. 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 Versus Counsel for Applicant(s) : Ankit Kumar Dubey, Ashutosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Rohit Singh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 9, 2025 Dhirendra/ NA528 No. 18733 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad