Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 77968 (ALL)

RAVI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/26497/2025 · 2025-09-16

Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26497 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants, learned counsel for opposite party No.2 and learned A.G.A. for the State of U.P. and perused the record. 2. The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, of Session Case No. 362 of 2023 (State Vs. Ravi and Others), arising out of Case Crime No. 522 of 2020, under Sections - 308, 323, 324, 325, 352, 452, 504, 506 I.P.C., Police Station - Koshikalan, District - Mathura, pending in the court of Additional Sessions Judge / F.T.C., Court No.2, Mathura, in terms of the compromise arrived at between the parties. 3. It is submitted by learned counsel for applicants that both the parties have amicably settled the dispute and compromised the case. They have filed an application for compromise before the Trial court but the same was rejected on the ground that offences are non-compoundable. 4. This Court vide order dated 1.8.2025 relying on prayer of parties, directed that in case both the parties including injured person appear before the Trial Court, on the next date for verification of the compromise dated 2.7.2025, which has already been filed, the authenticity of the same shall be examined by the Trial Court and in case the compromise is verified, a report to the effect shall be prepared and be made part of the record. Versus Counsel for Applicant(s) : Ram Kumar Counsel for Opposite Party(s) : Surendra Kumar, G.A. Ravi And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned counsel for the applicants lastly submitted that pursuant to the said order of this Court, parties appeared before the trial court and pressed the submitted compromise which is signed by the informant, injured person as well as by the applicants. Therefore criminal proceeding may kindly be quashed in terms of compromise which has already been compromised. 6. Learned Trial Court after examining the genuineness of the contents of compromise verified the same and submitted report dated 22.8.2025 about factum of verification of compromise. 7. 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. 8. 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. 9. 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. 10. 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. 26497 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad