SHAHNAZAR AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/24030/2025 · 2025-09-22
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72166 (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. - 24030 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 B.N.S.S. has been filed for quashing the charge-sheet no. 207 of 2016 dated 18.07.2016 as well as cognizance/summoning order dated 29.08.2016 and also quash the entire proceeding of Case No. 8155/9 of 2016, under Sections 452, 326, 504, 506 I.P.C., Police Station- Purkazi, District- Muzaffarnagar arising out of case crime no. 236 of 2016 on the basis of compromise, pending before the Civil Judge (J.D.), F.T.C., court no. 2, Muzaffarnagar. 3. Learned counsel for the applicants submits that the matter pertains to matrimonial dispute and both the parties have amicably settled the dispute and compromised the case. 4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 24.07.2025, 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 dated 05.08.2025. 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 Versus Counsel for Applicant(s) : Jagdish Prasad Mishra Counsel for Opposite Party(s) : Rajesh Kumar Tiwari, G.A. Shahnazar And 3 Others .....Applicant(s) State Of U.P. And 3 Others .....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. 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. 10. Let a copy of this order be sent to the court concerned for necessary compliance. September 23, 2025 Anjali NA528 No. 24030 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad