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2025 DAILYLAW 74494 (ALL)

TABISH v. STATE OF U.P. AND ANOTHER

NA528/24878/2025 · 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. - 24878 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Supplementary 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 of B.N.S.S. has been filed for quashing the cognizance/summoning order dated 07.04.2025 passed by the court of learned Judicial Magistrate-II, Aligarh in Criminal Case No. 373 of 2025 on the charge sheet dated 15.10.2024 and the entire criminal proceedings of Crime No. 340 of 2024, under Sections 279, 337, 304-A I.P.C., Police Station- Harduaganj, District- Aligarh on the basis of compromise deed dated 08.05.2025. 4. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 06.08.2025, 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 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 report dated 25.08.2025. 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 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 Versus Counsel for Applicant(s) : Sonakshi Arora, Waseem Akram Counsel for Opposite Party(s) : Araf Khan, G.A., Tauseef Khan Tabish .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 22, 2025 Anjali NA528 No. 24878 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad