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2025 DAILYLAW 75227 (ALL)

SUSHIL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/24939/2025 · 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. - 24939 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1.Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicants, Sri Nishith Tripathi, learned counsel for opposite party No.2 and learned A.G.A. for the State of U.P., and perused the record. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings of Case No. 7360 of 2022 (State Vs. Sanjay @ Bhallu Katiyar and others), arising out of Case Crime No.600 of 2021, under Sections 336, 323, 504, 324, 308 IPC, P.S.- Kotwali Kannauj, District- Kannauj, pending in the court of C.J.M., Kannauj. 4. It has been submitted by learned counsel for the parties that matter relates to private dispute between the parties and both the parties have amicably settled the dispute and compromised the matter hence, the impugned proceedings may be quashed on the basis of compromise. 5. It is further submitted that this Court vide order dated 24.7.2025 directed the parties to appear before the Trial Court and file an appropriate application for compromise within a period of two weeks and the same be verified by the court concerned in accordance with law, and if the said compromise is verified, the same shall be made part of the record and report to that effect will be prepared. Interim order was also passed in favour of the applicants. 6. Learned counsel for the applicants lastly submitted that the compromise has been verified by the Trial Court and the copy of verification order dated 20.8.2025 passed by CJM, Kannauj alongwith report of compromise has been filed as Annexure 2 to the supplementary affidavit dated 10.9.2025. Therefore criminal proceeding may kindly be quashed in terms of compromise which has already been verified. 7. The matter is private dispute between the parties and there is no legal impediment in quashing the criminal proceedings of the Court concerned in terms of compromise. Versus Counsel for Applicant(s) : Sarvesh Kumar Dubey Counsel for Opposite Party(s) : Ajay Shukla, G.A., Nishith Tripathi Sushil And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 8. Learned A.G.A. as well as opposite party no.2 have fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below. 9. 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. 10. 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. 11. 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. 24939 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad