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2025 DAILYLAW 78765 (ALL)

MUKESH SETH URF MUKESH BHADHKARIA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/26719/2025 · 2025-09-16

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26719 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants and learned AGA for the State-respondent. 2. This application has been filed by applicants for quashing the charge sheet dated 21.8.2022, cognizance order dated 9.1.2023 as well as entire proceedings of Case No.633 of 2023, State Vs. Mukesh Sethi and others, arising out of Case Crime No.241 of 2022, under Sections 323, 504, 506 I.P.C., Police Station Shahganj, District Agra pending in the court of Special Chief Judicial Magistrate, Agra on the basis of compromise arrived between the parties. 3. Learned counsel for the applicants submitted that the case is of simple nature. It pertains to offence under Section 323, 504 and 506 IPC which are compoundable except 506 IPC. Parties have already entered into compromise as good sense prevailing between them and efforts made by well-wishers. 4. Learned counsel for the applicant 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, learned court below had verified the contents of compromise. 5. Learned counsel for the applicant submitted that in pursuance of order dated 28.7.2025, the parties appeared before the Court concerned and submitted compromise which has been duly verified and a report dated 18.8.2025 in this respect has been submitted by the ACJM, Agra which is accompanied with copy of compromise and copy of verification order dated 18.8.2025. 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 Versus Counsel for Applicant(s) : Alok Singh Counsel for Opposite Party(s) : G.A. Mukesh Seth Urf Mukesh Bhadhkaria And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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, 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 consequently, entire criminal proceedings of the aforesaid case are hereby quashed. September 17, 2025 P.P. NA528 No. 26719 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad