Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 78041 (ALL)

ADITYA YADAV ALIAS CHHUNNA v. STATE OF U.P. AND ANOTHER

NA528/26624/2025 · 2025-09-22

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. - 26624 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 BNSS has been filed for quashing the entire criminal proceedings of Case No. 826 of 2024 (State vs. Aditya Yadav @ Chhunna) arising out of Case Crime No. 694 of 2024, under Sections 79, 308(5), 115(2), 352, 351(2) of BNSS, Police Station Dibiyapur, District Auraiya, pending before Civil Judge (S.D.)/FTC, Auraiya and charge-sheet dated 10.11.2024 as well as cognizance order dated 12.12.2024 in the light of compromise dated 5.2.2025. 3. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 28.7.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the parties appeared before the court below and submitted the compromise; the 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 22.8.2025, copy of verification order has been filed. 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. Versus Counsel for Applicant(s) : Amitesh Kumar Srivastava Counsel for Opposite Party(s) : Pradeep Kumar, G.A. Aditya Yadav Alias Chhunna .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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 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. 8. For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed. September 23, 2025 Dhirendra/ NA528 No. 26624 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad