CHANDRASHEKHAR SHUKLA v. STATE OF U.P. AND ANOTHER
NA528/25442/2025 · 2025-09-21
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76635 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76635 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25442 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. 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. 2. This application under Section 528 of the BNSS has been filed for quashing the entire proceedings of Case No.1430 of 2000 (State of U.P. vs. Vinod Kumar & others), arising out of Case Crime No.368 of 1997, under Sections 420, 467, 468 and 471 I.P.C., Police Station Kotwali, District Hamirpur on the basis of compromise dated 09.06.2025 occurred between the parties. 3. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 28.07.2025 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. 4. Learned counsel for the applicant submits that informant, Usha Devi died on 17.05.2021 and her death certificate issued by competent authority, which has been filed alogn with report of C.J.M. Hamirpur. 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 14.08.2025. 6. Learned A.G.A. has fairly conceded that compromise has been effected Versus Counsel for Applicant(s) : Narendra Kumar Counsel for Opposite Party(s) : Ashutosh Tripathi, G.A. Chandrashekhar Shukla .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
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, 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 entire proceedings of Case No.1430 of 2000 (State of U.P. vs. Vinod Kumar & others), arising out of Case Crime No.368 of 1997, under Sections 420, 467, 468 and 471 I.P.C., Police Station Kotwali, District Hamirpur are hereby quashed. September 22, 2025 Amit NA528 No. 25442 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad