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2025 DAILYLAW 73407 (ALL)

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

NA528/24254/2025 · 2025-09-16

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24254 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for applicants, learned counsel for opposite party no. 2 and the learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed for quashing of the entire criminal proceedings, including charge-sheet dated 28.11.2023, of Case Crime No. 293 of 2023, under Sections 308, 323, 504, 506 IPC, P.S.- Haldaur, District- Bijnor, pending in the court of Addl. Session Judge/ Special Judge, Court No. 2, Bijnor, in terms of the compromise arrived at between the parties. 3. It is submitted by learned counsel for the applicants that this Court vide order dated 1.8.2025 directed the parties to appear before the Trial Court and file proper application alongwith compromise within two weeks and same shall be verified by the Court concerned according to law, and in case the compromise is verified, a report to the effect shall be prepared and the parties would be allowed to obtain certified copy thereof and the same be placed before this Court. 4. Learned counsel for the applicants lastly submitted that pursuant to the said order of this Court, parties appeared before the trial court and pressed the submitted compromise. The Court concerned has duly verified the compromise and submitted a report dated 7.8.2025 to this Court which is part of record. The copy of verification order dated 7.8.2025 has also been filed alongwith supplementary affidavit by the applicants. He further submitted that criminal proceeding may kindly be quashed in terms of compromise which has already been verified. 5. No objection has been raised by the learned counsel for opposite party Versus Counsel for Applicant(s) : Mohd Yasir, Shams Uz Zaman Counsel for Opposite Party(s) : Quasim Khan, G.A. Rahul And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) no.2 to the submission of learned counsel for the applicants. 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, 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, entire criminal proceedings of the aforesaid case are hereby quashed. September 17, 2025 P.P. NA528 No. 24254 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad