KUSHAL SINGH ALIAS LALTOO AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/27684/2025 · 2025-09-23
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81143 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81143 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27684 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., Sri Chandra Bhan Singh, learned counsel for the opposite party no. 2 and perused the record. 3. This application under Section 528 BNSS has been filed for quashing the entire criminal proceedings of Case No. 38209 of 2023 (State vs. Kushal Singh @ Laltoo and others) arising out of Case Crime No. 88 of 2021, under Sections 323, 504, 506, 354-B, 427, 324 IPC, Police Station Civil Lines, District Moradabad, pending before Additional Judge, SCC, Moradabad and charge-sheet dated 30.3.2022 as well as cognizance order dated 12.9.2023 in the light of compromise dated 9.7.2025. 4. Learned counsel for the applicant submitted that vide order dated 8.8.2025 a direction was given to the court below to verify the compromise executed by the parties. In pursuance of the aforesaid order, learned court below had verified the contents of compromise and submitted the proceedings before this Court. It is further submitted that dispute arose out of matrimonial discord between the applicant no. 1 and respondent no. 2. The allegations in the FIR are exaggerated and unfounded. 5. 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 order dated 20.8.2025. Versus Counsel for Applicant(s) : Ajai Kumar Counsel for Opposite Party(s) : G.A., Sankatha Devi Kushal Singh Alias Laltoo And 3 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 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. 9. For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed. September 24, 2025 Dhirendra/ NA528 No. 27684 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad