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2025 DAILYLAW 67509 (ALL)

AAIYA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/21670/2025 · 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. - 21670 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants, 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 BNSS has been filed for quashing the entire proceeding of Case No. 457 of 2022 (State Vs. Aaiya and others), arising out of Case Crime No.73 of 2022, under Sections 323, 308, 504, 324 IPC, P.S.- Jagner, District- Agra as well as charge-sheet dated 15.06.2022 as well as cognizance/summoning order dated 19.07.2022. 3. Learned counsel for the applicants submitted that the alleged offence is of a private nature and has no significant social impact. He next submitted that on account of intervention of the well-wishers, a compromise has been arrived at between the parties. The said compromise has already been filed before the court concerned. 4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 23.07.2025 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. 5. Learned counsel for the applicants and learned counsel for opposite Versus Counsel for Applicant(s) : Gaurav Srivastav, Rajesh Kumar Srivastava Counsel for Opposite Party(s) : Mukesh Ray, G.A. Aaiya And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 20.08.2025. 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. 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. 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 Case No. 457 of 2022 (State Vs. Aaiya and others), arising out of Case Crime No.73 of 2022, under Sections 323, 308, 504, 324 IPC, P.S.- Jagner, District- Agra as well as charge-sheet dated 15.06.2022 as well as cognizance/summoning order dated 19.07.2022. are hereby quashed. September 24, 2025 Amit NA528 No. 21670 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad