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2025 DAILYLAW 63589 (ALL)

JAGDEESH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/19154/2025 · 2025-09-23

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19154 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. At the outset, learned counsel for the applicant produced the certified copy of the compromise with verification order passed on back of compromise, the Court today and the same is taken on record. 2. 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. 3. This application under Section 528 of B.N.S.S. has been filed for quashing the entire proceeding of Case No. 3789 of 2020 arising out of Case Crime No. 354 of 2015 under Sections 452, 323, 504, 506 I.P.C., Police Station- Kotwali Orai, District- Jalaun, pending in the court of Chief Judicial Magistrate, Jalaun at Orai and also be pleased to quash the cognizance/summoning order dated 24.12.2020 passed by the Chief Judicial Magistrate, Jalaun at Orai as well as charge sheet dated 24.02.2015 in Case No. 3789 of 2020 arising out of the aforesaid case crime number, on the basis of compromise between the parties. 4. Learned counsel for the applicant submits that offence is not of serious nature and is triable by Magistrate and is punishable for maximum term of seven years. He further submits that the dispute is of private nature. 5. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 24.06.2025, 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 compromise dated 16.07.2025. 6. Learned counsel for the applicant and learned counsel for opposite party Versus Counsel for Applicant(s) : Ram Surat Patel Counsel for Opposite Party(s) : Ashutosh Upadhyay, G.A. Jagdeesh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 16.07.2025 which is taken on record. 7. 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. 8. 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. 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. 9. 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. 10. For the discussions made above, the present application is allowed and consequently, the entire proceedings of the aforesaid criminal case are hereby quashed. 11. Let a copy of this order be sent to the court concerned for necessary compliance. September 24, 2025 Anjali NA528 No. 19154 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad