FAIM ALIAS MOTA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/21855/2025 · 2025-09-09
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68088 (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. - 21855 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Heard Sri Ajai Kumar Garg, learned counsel for the applicants, Sri Brijesh Kumar Rai, Advocate holding brief of Ms. Shreya Shukla, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record. 2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including charge-sheet dated 10.12.2024 as well as summoning order dated 17.01.2025, of Case No. 950 of 2025 (State Vs. Faim @ Mota and Others), arising out of Case Crime No. 1051 of 2024, under Sections - 115(2), 352, 351(2), 333 BNS, Police Station - Civil Lines, District - Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad, in terms of the compromise arrived at between the parties. 3. Learned counsel for the applicants submits that this Court passed the following order on 11.07.2025:-
" 5. Learned counsel for the parties undertake to ensure the presence of the parties before the Trial court or any other transferee court, as the case may be, on the next date fixed and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court by the next date. After verification, the report of the same shall be sent to this Court. 6. List this case on 26.08.2025. 7. It is directed that till the next date of listing, no coercive action shall be taken against the applicants in aforesaid case"
4. Learned counsel for the applicant next submitted that in compliance of the aforesaid order the parties appeared before the trial court press the Versus Counsel for Applicant(s) : Ajai Kumar Counsel for Opposite Party(s) : G.A., Kanchan, Shreya Shukla Faim Alias Mota And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
compromise, which is already on record of court concerned. Learned trial court has duly verified said compromise vide order dated 06.08.2025 and report has been sent to this Court on 08.08.2025 alongwith copy of verification order and compromise.
No dispute remains pending between the parties and the same has been duly amicably settled by way of compromises. Therefore, it is prayed that the proceedings of trial court may kindly be quashed in terms of said compromise. 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. 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. 7. 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. 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 10, 2025 Ashish/- NA528 No. 21855 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad