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2025 DAILYLAW 66091 (ALL)

AJEET KUMAR RAMAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/20285/2025 · 2025-09-16

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20285 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard Sri Atul Kumar Singh, learned counsel for the applicants, learned counsel for opposite party no. 2 and learned AGA for the State. 2. This application under Section 528 of B.N.S.S. has been filed by the applicants for quashing the entire proceeding in Criminal Case No. 22296 of 2024 (State Vs. Praveen Kumar Patel and other) as well as charge sheet No. 306/2023, dated 26.08.2023 arising out of case crime No. 0175/2023, Under Sections 420, 406, 504, 506 I.P.C, P.S. Tappal, District-Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh. 3. Learned counsel for the applicants submits that the parties have entered into a compromise. 4. It is submitted by learned counsel for the applicants that this Court vide order dated 24.6.2025 directed the parties to appear before the Trial Court on 15.7.2025 and submit compromise which shall be verified by the Court concerned. A report in this regard shall be submitted before this Court within stipulated time. 5. Learned counsel for the applicants further submitted that in compliance of said order of this Court, the applicants and opposite party No.2 appeared before the trial court and acknowledged the compromise filed before the Court below. The same has been inquired and duly verified by the learned CJM, Aligarh vide order dated 14.7.2025 and a copy of verification order coupled with a copy of compromise has been submitted to this Court. He also submitted that copy of verification order has also been filed alongwith supplementary affidavit by the applicants today. He then prayed that criminal proceedings in respect of applicants may be quashed. Versus Counsel for Applicant(s) : Atul Kumar Singh Counsel for Opposite Party(s) : G.A., Mahesh Kumar Dubey Ajeet Kumar Raman And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. No objection has been raised by the learned counsel for opposite party No.2 to the prayer made in this petition. 7. Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below. The offence is also triable by the learned Magistrate. 8. 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. 9. 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. 10. For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of the aforesaid case are hereby quashed in respect of applicants. 11. One charge-sheeted accused Smt. Kiran has not compromised, hence proceedings against her will be carried out in accordance with law. September 17, 2025 P.P. NA528 No. 20285 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad