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2025 DAILYLAW 66989 (ALL)

ADITYA ALIAS GOLU v. STATE OF U.P. AND ANOTHER

NA528/21419/2025 · 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. - 21419 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record. 2. This application under Section 528 of B.N.S.S. has been filed for quashing entire proceeding of Sessions Trial No. 191 of 2024, under Sections 307, 324, 506, 325, 323 I.P.C., arising out of Case Crime No. 811 of 2020, under Sections 279, 307, 324, 506 I.P.C., Police Station- Baraut, District- Baghpat, pending in the court of learned District & Sessions Judge, Baghpat and further be pleased to quash charge sheet dated 17.01.2021 as well as the order dated 03.09.2024 passed by the learned District & Sessions Judge, Baghpat issuing non-bailable warrant in the aforesaid case. 3. Learned counsel for the applicant submits that offence under Section 307 I.P.C., is not made out in the case, admittedly, the informant has not received fire arm injury as he has alleged that accused-Jayant has assaulted with butt of the katta(country made pistol) on his head and other accused assaulted him by lathi and stick. He next submits that FIR has been lodged by the informant who is also injured, after two days of the incident. It is further submitted that the applicant is not named in the FIR and his name surfaced during investigation. The informant has not assigned specific role of assault against the applicant in his statement recorded under Section 161 Cr.P.C. 4. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 23.06.2025, 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 contents of compromise dated. Versus Counsel for Applicant(s) : Prem Narayan Singh Counsel for Opposite Party(s) : G.A. Aditya Alias Golu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 13.08.2025 which is taken on record. 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 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. 9. For the discussions made above, the present application is allowed and consequently, the entire proceedings of the aforesaid criminal case are hereby quashed, qua the applicant. 10. Let a copy of this order be sent to the court concerned for necessary compliance. September 24, 2025 Anjali NA528 No. 21419 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad