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2025 DAILYLAW 64676 (ALL)

SALMAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/20191/2025 · 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. - 20191 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including cognizance / summoning order dated 29.09.2023, of Case No. 1751 of 2023 (State Vs. Salman and others), arising out of Case Crime No.115 of 2023, under Sections 452, 323, 354, 504, 506 IPC, P.S.- Nawabganj, District- Bareilly, pending in the court of Judicial Magistrate, Nawabganj, District- Bareilly. 3. It has been submitted by learned counsel for the applicants as well as learned counsel for the opposite party no.2 that matter relates to private dispute between the parties and both the parties have amicably settled the dispute and compromised the matter hence, the impugned proceedings may be quashed on the basis of compromise. 4. Learned counsel for the applicants submitted that vide order dated 20.08.2025 parties were directed to file a compromise for verification before the court below, and court below was directed to accept the compromise in presence of both the parties. The compromise verification report has been submitted by the court concerned bearing date 30.08.2025, where he has stated that in compliance of courts order the parties have attested the same on 30.08.2025. Copy of compromise alongwith proceedings of trial court taken has been filed before this Court in compliance of earlier order. 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. 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 Versus Counsel for Applicant(s) : Ashish Dwivedi Counsel for Opposite Party(s) : Devashish Mitra, G.A. Salman And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 7. 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. 8. For the discussions made above, the present application is allowed and consequently, the entire proceedings of the aforesaid criminal case are hereby quashed. 9. Let a copy of this order be sent to the court concerned for necessary compliance. September 24, 2025 Ashish/- NA528 No. 20191 of 2025 2 Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad