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2025 DAILYLAW 71352 (ALL)

MUKUND TIWARI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/23970/2025 · 2025-09-10

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23970 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Short counter affidavit filed in the Court today is taken on record. 2. 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. 3. This application under Section 528 B.N.S.S. has been filed for quashing the entire proceeding in Criminal Crime No. 1034 of 2018 (State vs. Mukund Tiwari and others) arising out of Case Crime No. 180 of 2017, under Sections 147, 149, 386, 504, 506, 342 I.P.C., Police Station- Industrial Area, District- Prayagraj. 4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 10.12.2024 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. He next submits that proceedings of Criminal Case No. 1034 of 2018 arising out of Case Crime No. 180 of 2017 under Sections 147, 149, 386, 504, 506, 342 of I.P.C., has been quashed on the basis of compromise entered into between the informant and applicant-accused, Narendra Alias Narendra Tiwari vide order dated 23.08.2025. 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 order dated 28.05.2025 (para 7 of the short counter affidavit). 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. Versus Counsel for Applicant(s) : Radhey Shyam Singh Counsel for Opposite Party(s) : G.A. Mukund Tiwari And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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. 9. For the discussions made above, the present application is allowed and consequently, the entire proceedings of the aforesaid criminal case are hereby quashed on the basis of compromise as stated above. 10. Accordingly, instant application stands disposed of. September 11, 2025 Anjali NA528 No. 23970 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad