MOHAMMD IQBAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/28455/2025 · 2025-10-07
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82805 (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. - 28455 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J.
1. Supplementary affidavit filed in the Court today is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., and perused the record. 3. This application under Section 528 of B.N.S.S. has been filed for quashing entire proceedings of Case No. 165 of 2023, State Vs. Iqbal and another, arising out of case crime no. 435 of 2022, under Sections 506 I.P.C. and 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station-Didauli, District- Amroha pending in the court of Civil Judge (Junior Division), F.T.C. IInd, Amroha. 4. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 06.08.2025, 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 compromise dated 02.06.2025. 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 report dated 08.09.2025 which is taken on record. 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. Considering the submissions of learned counsel for the parties in light of judgment of 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 Versus Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma Counsel for Opposite Party(s) : G.A. Mohammd Iqbal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
in Gian Singh vs. State of Punjab [2012, 10 SCC 303], Narindra Singh and others vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir vs. State of Gujarat, (2017) 9 SCC 641 and State of Madhya Pradesh vs. Laxmi Narayan, (2019) 5 SCC 688, Ram Gopal Vs. The State of Madhya Pradesh 14 (SCC) 531 and Madhavrao Jiwaji Rao Scindia & Anr. vs Sambhajirao Chandraojirao Angre 1981 (1) SCC 692.
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 consequently, the entire proceedings of the aforesaid criminal case are hereby quashed. 10. Let a copy of this order be sent to the court concerned for necessary compliance. October 8, 2025 Anjali NA528 No. 28455 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad