SHOBHIT SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/25249/2025 · 2025-09-16
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75887 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75887 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25249 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Heard learned counsel for the applicants, and learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including charge-sheet dated 31.08.2024 as well as cognizance / summoning order dated 11.11.2024, of Case No. 822 of 2024 (State Vs. Shobhit Sharma and Others), arising out of Case Crime No. 339 of 2024, under Sections - 115(2), 352, 76 BNS, Police Station - Swar, District - Rampur, pending in the court of First Additional Civil Judge (S.D.), Rampur, in terms of the compromise arrived at between the parties. 3. It is submitted that on account of intervention of their well-wishers, a compromise has been arrived at between the parties. The said compromise has already been filed before the court concerned. It is submitted that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties. 4. 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. On the date fixed, the Court concerned shall ascertain the authenticity of the compromise and if the compromise is verified, the same shall be made part of the report. 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. 5. Learned counsel for the applicants next submitted that pursuant to the said order of this Court, parties appeared before the trial court and pressed the compromise which had already been submitted before the Trial Court. The Court concerned has duly verified the compromise and submitted a report dated 14.8.2025 to this Court which is part of record. He further submitted that criminal proceeding may kindly be quashed in terms of compromise which has already been verified. 6. No objection has been raised by the learned AGA to the submission made by the learned counsel for the applicants.
He has fairly conceded that compromise has been Versus Counsel for Applicant(s) : Shami Ullah Counsel for Opposite Party(s) : G.A. Shobhit Sharma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 25249 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad