DEEPAK ALIAS KALLU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/26308/2025 · 2025-09-22
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78226 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78226 (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. - 26308 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Supplementary affidavit filed on behalf of the applicants is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record. 3. This application under Section 528 of BNSS has been filed for quashing the entire proceedings of Case No.144 of 2019 (State vs. Deepak @ Kallu and others) arising out of Case Crime No.537 of 2018, under Sections 323, 504, 506 and 324 I.P.C., Police Station Kotwali Orai, District Jalaun as well as charge-sheet dated 05.07.2018, summoning order dated 21.01.2019 and bailable warrant dated 26.06.2024. 4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that pursuant to the order dated 31.07.2025 a direction was given to the trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise. 5. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial Court vide report dated 04.09.2025. Hence, the impugned proceedings may be quashed on the basis of compromise. Versus Counsel for Applicant(s) : Gajendra Singh Chauhan Counsel for Opposite Party(s) : Vivek Singh, G.A. Deepak Alias Kallu And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. 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. 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 facts and considering that the parties do not wish to pursue the case any further, the dispute is essentially of a private nature and has no wider social impact. Since it has been mutually settled between the parties by way of a compromise, no useful purpose would be served by proceeding with the matter further. 9. For the discussions made above, the present application is allowed and entire proceedings of Case No.144 of 2019 (State vs. Deepak @ Kallu and others) arising out of Case Crime No.537 of 2018, under Sections 323, 504, 506 and 324 I.P.C., Police Station Kotwali Orai, District Jalaun as well as charge-sheet dated 05.07.2018, summing order dated 21.01.2019 and bailable warrant dated 26.06.2024 are hereby quashed. September 23, 2025 Amit NA528 No. 26308 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad