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2025 DAILYLAW 64314 (ALL)

MONU RAJ BHAR v. STATE OF U.P. AND 2 OTHERS

NA528/21745/2025 · 2025-09-21

Ram Manohar Narayan Mishra

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21745 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the respondent No.2 and learned A.G.A. for the State of U.P. and perused the material available record. 3. The instant application under section 582 BNSS has been filed seeking quashing of the entire proceedings of S.T. No.164 of 2019, arising out of Case Crime No.135 of 2019, under Sections 363, 366 IPC, and Section 11/12 POCSO Act, Police Station Jaitpura, District Varanasi, pending before the court of Special Judge (PPCSO)-II, Varanasi. 4. Learned counsel for the applicant submitted that during the passage of time the applicant and victim/opposite party No.3 have solemnized marriage, and at present they are leading a peaceful married life together. The parties have entered into compromise on intervention of some respectable persons and well wisher of the parties the terms thereof are reduced to writing in form of compromise on 07.05.2025. On the request of learned court for the parties, this court was pleased to refer the compromise to court below vide order dated 07.08.2025 and parties were directed to file a compromise verification before the court below, and court below was directed to accept the compromise in presence of both the parties i.e. accused and victim within four weeks. The compromise report has been submitted by the court concerned bearing date 25.08.2025, where he has stated that in compliance of courts order the parties have duly verified the same on 07.08.2025. Copy Versus Counsel for Applicant(s) : Ankit Kapoor Counsel for Opposite Party(s) : Prashant Pandey, G.A. Monu Raj Bhar .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) of compromise alongwith proceedings of trial court taken has been filed before this Court in compliance of earlier order. 5. Certified copy of the compromise and verification order have also been filed today through supplementary affidavit. 6. 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. 7. 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. 8. In view of the aforesaid, and the fact that parties do not want to pursue the case any further, 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 consequently, the entire proceedings of the aforesaid criminal case are hereby quashed. 10. Let a copy of this order be sent to the court concerned for necessary compliance. September 22, 2025 Ashish/- NA528 No. 21745 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad