MATAPRASAD AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/22791/2025 · 2025-09-16
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69551 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69551 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22791 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. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding of Case No. 72 of 2021 (State v. Mataprasad and others) arising out of Case Crime No. 509 of 2020, u/s 147, 323, 504, 506 of IPC, Police Station- Jalaun, District- Jalaun, pending in the court of learned Judicial Magistrate, Jalaun, District- Jaluan, on the basis of compromise. 3. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed. 4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 22.07.2025 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 party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : Mohinish Agnihotri, G.A. Mataprasad And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
dated 28.07.2025. 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 and the fact that parties do not want to pursue the case any further, the matter is 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. 9. For the discussions made above, the present application is allowed and entire proceeding of Case No. 72 of 2021 (State v. Mataprasad and others) arising out of Case Crime No. 509 of 2020, u/s 147, 323, 504, 506 of IPC, Police Station- Jalaun, District-Jalaun, pending in the court of learned Judicial Magistrate, Jalaun, District- Jaluan are hereby quashed. September 17, 2025 Amit NA528 No. 22791 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad