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2025 DAILYLAW 76709 (ALL)

RAJENDRA PRASAD SHARMA v. STATE OF U.P. AND ANOTHER

NA528/25545/2025 · 2025-09-14

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25545 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. The instant application has been filed for quashing the entire proceeding of Criminal Case No.2962 of 2009 (State vs. Rajendra Kumar Sharma), arising out of Case Crime No.605 of 2008, under Sections 193, 199, 465, 466, 471 I.P.C., Police Station Kotwali, District Kanpur Nagar. 3. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 05.08.2025 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. 4. 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. 5. 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. 6. 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 Versus Counsel for Applicant(s) : Mithilesh Kumar Shukla Counsel for Opposite Party(s) : Rajendra Kumar Srivastava, G.A. Rajendra Prasad Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 7. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is 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. 8. For the discussions made above, the present application is allowed and entire proceeding of Criminal Case No.2962 of 2009 (State vs. Rajendra Kumar Sharma), arising out of Case Crime No.605 of 2008, under Sections 193, 199, 465, 466, 471 I.P.C., Police Station Kotwali, District Kanpur Nagar are hereby quashed. September 15, 2025 Amit NA528 No. 25545 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad