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2025 DAILYLAW 63052 (ALL)

RAJENDRA NAGAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18885/2025 · 2025-09-14

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18885 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. The present application has been filed for quashing the entire proceedings of Criminal Case No.43714 of 2023 arising out Case Crime No. 104 of 2023, u/s 147, 148, 323, 452, 504, 506 IPC, P.S. Knowledge, District-Gautam Buddh Nagarof as well as charge sheet dated 28.05.2023 and cognizance order dated 25.09.2023. 3. It is submitted by learned counsel for the applicants that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place between them on 08.04.2025 and the compromise deed has been annexed along with the affidavit. 4. Learned counsel for the applicants submitted that vide order dated 26.05.2025 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. 5. 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 07.07.2025. 6. Learned A.G.A. has fairly conceded that compromise has been effected Versus Counsel for Applicant(s) : Anupam Dubey Counsel for Opposite Party(s) : G.A., Sohit Prakash Sharma Rajendra Nagar And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) between the parties and the same has duly been verified by the court below. 7. 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. 8. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is 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. 9. For the discussions made above, the present application is allowed and entire proceedings of Criminal Case No.43714 of 2023 arising out Case Crime No. 104 of 2023, u/s 147, 148, 323, 452, 504, 506 IPC, P.S. Knowledge, District-Gautam Buddh Nagarof as well as charge sheet dated 28.05.2023 and cognizance order dated 25.09.2023 are hereby quashed. September 15, 2025 Amit NA528 No. 18885 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad