MOHD. IRFAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/19448/2025 · 2025-09-09
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64553 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64553 (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. - 19448 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Heard learned counsel for the applicants, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record. 2. Instant application under Section 528 BNSS, has been filed by the applicants praying for quashing of further proceedings in Session Trial No.1336 of 2023, and chargesheet dated 25.03.2021 arising out of Case Crime No.443 of 2020, under Sections 366, 368, 386, 506 IPC, Police Station Prem Nagar, District Jhansi in pursuance of the compromise deed dated 24.004.2025 held between the applicants and victim/wife of the first informant/opposite party No.2 pending in the court of Additional Session Judge (FTC- CAW) Jhansi. 3. Leaned counsel for the applicants submit that on direction of this Court dated 16.07.2025 the parties were relegated to trial court for verification of the compromise entered between them on 24.04.2025. Learned counsel for the applicants submitted that said compromise has been duly verified by learned Additional Session Judge (FTC- CAW) Jhansi vide order dated 20.08.2025 in presence of the parties who have been duly identified by the respective counsels. Certified copy of the order and compromise has been filed before this Court for kind perusal. Therefore, it is prayed that the proceedings of trial court may kindly be quashed in terms of said compromise. 4. 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. 5. 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 Versus Counsel for Applicant(s) : Dileep Kumar Counsel for Opposite Party(s) : Ramesh Kumar Sahu, G.A. Mohd. Irfan And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 6.
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. 7. For the discussions made above, the present application is allowed and consequently, the entire proceedings of the aforesaid criminal case are hereby quashed. 8. Let a copy of this order be sent to the court concerned for necessary compliance. September 10, 2025 Ashish/- NA528 No. 19448 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad