Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 72171 (ALL)

WASIF AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/24127/2025 · 2025-09-22

Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24127 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 Criminal Case No.10599 of 2021 (State vs. Wasif and others) arising out Case Crime No.1040 of 2019, under Sections 452, 323, 504 and 506 I.P.C., Police Station Sikandrabad, District Bulandshahr as well as charge-sheet dated 11.09.2020 and cognizance order dated 06.10.2021. 3. At the outset, learned counsel for the applicants has filed certified copy of the order dated 08.09.2025 passed by the learned Chief Judicial Magistrate, Bulandshahr, which reveals that the compromise entered into between the parties has been verified. The said verification order is taken on record. 4. Learned counsel for the applicants further submits that pursuant to the order dated 31.07.2025 passed by this Court, the parties appeared before the trial Court and submitted a compromise arrived at between them. In pursuance of the aforesaid order, the learned trial Court verified the contents of the compromise on 08.09.2025. Therefore, the proceedings before the trial Court may kindly be quashed in terms of the said compromise, which has been duly verified by the trial Court. 5. Learned A.G.A. has fairly conceded that compromise has been effected Versus Counsel for Applicant(s) : Pradeep Kumar Bhardwaj Counsel for Opposite Party(s) : G.A. Wasif And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 facts and considering that the parties do not wish to pursue the case any further, the dispute is essentially of a private nature and has no wider social impact. Since it has been mutually settled between the parties by way of a compromise, no useful purpose would be served by proceeding with the matter further. 8. For the discussions made above, the present application is allowed and entire proceedings of Criminal Case No.10599 of 2021 (State vs. Wasif and others) arising out Case Crime No.1040 of 2019, under Sections 452, 323, 504 and 506 I.P.C., Police Station Sikandrabad, District Bulandshahr as well as charge-sheet dated 11.09.2020 and cognizance order dated 06.10.2021 are hereby quashed. September 23, 2025 Amit NA528 No. 24127 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad