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2025 DAILYLAW 69958 (ALL)

JAVED @ JAVID AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/25332/2025 · 2025-09-21

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25332 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. and perused the record. 2. This application under Section 528 of BNSS has been filed for quashing the entire proceedings of Case No.203 of 2025 (State vs. Javed and others), arising out of Case Crime No.446 of 2023, under Sections 323, 504, 506, 354, 324 and 325 I.P.C. against the applicant No.1 and under Sections 323, 504, 506, 324 and 325 I.P.C. against the applicant No.2 to 4, Police Station Ramgarh, District Firozabad as well as charge- sheet No.437 of 2023 as well as summoning order dated 06.01.2025. 3. Learned counsel for the applicants submitted that vide order dated 28.07.2025 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. 4. Learned counsel for the applicants submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 20.08.2025. 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 Versus Counsel for Applicant(s) : Brajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Javed @ Javid And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 entire proceedings of Case No.203 of 2025 (State vs. Javed and others), arising out of Case Crime No.446 of 2023, under Sections 323, 504, 506, 354, 324 and 325 I.P.C. against the applicant No.1 and under Sections 323, 504, 506, 324 and 325 I.P.C. against the applicant No.2 to 4, Police Station Ramgarh, District Firozabad as well as charge-sheet No.437 of 2023 as well as summoning order dated 06.01.2025 are hereby quashed. September 22, 2025 Amit NA528 No. 25332 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad