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2025 DAILYLAW 75335 (ALL)

MANIK CHAND YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/25058/2025 · 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. - 25058 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 applicant, 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 entire proceeding of case no. 11759 of 2021 (State vs. Manik Chand and another), under Sections 323, 504, 506, 325I.P.C., Police Station- Bhelupur, District- Varanasi as well as charge sheet no. 01 of 2020 dated 27.12.2020 arising out of Case Crime No. 0554 of 2020, pending before the learned Judicial Magistrate- II, Varanasi and also quash the summoning order dated 08.07.2021 passed by the learned Additional Chief Judicial Magistrate-III, Varanasi in the aforesaid case crime number on the basis of compromise. 4. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 14.08.2025, 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 Versus Counsel for Applicant(s) : Jagdish Prasad Mishra Counsel for Opposite Party(s) : Rajesh Kumar Tiwari, G.A. Manik Chand Yadav And Another .....Applicant(s) State of U.P. and Another .....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 22, 2025 Anjali NA528 No. 25058 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