DIWARI LAL AND 9 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/14106/2026 · 2026-05-06
Sanjiv Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1896 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1896 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14106 of 2026 Court No. - 83 HON'BLE SANJIV KUMAR, J.
1. Heard Ms. Anita Singh, learned Counsel for the applicants and Shri Umesh Kumar, learned State Law officer for the State and perused the record. 2. In compliance of order dated 13.02.2025 by a co-ordinate bench of this Court in Application U/S 528 BNSS No.4245 of 2025, compliance report of II-Additional Civil Judge (Junior Division) Judicial Magistrate, Shikohabad, Firozabad dated 06.03.2025 has been received. The above report shows that both the parties had appeared before the learned trial court and had verified the compromise. The verified compromise deed and verification report is also annexed with the report. 3. This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Criminal Case No. 3928 of 2021 (State Vs. Diwaari Lal and Others) arising out of Case Crime No.25 of 2019, under Sections- 147, 148, 323, 504 and 506 I.P.C., Police Station- Eka, District- Firozabad, and cognizance and summoning order dated 17.03.2021, pending in the court of learned A.C.J. (J.D.)/ J.M. Shikohabad, Firozabad. 4. It is submitted on behalf of learned counsel for the parties that both the parties had re-conciled their differences on their own freewill and wish without any pressure and now living peacefully. The verified compromise deed and verification report of the learned trial court is being filed alongwith the verification report. 5. Learned counsel for the applicants as well as opposite party No.2 jointly Versus Counsel for Applicant(s) : Anita Singh, Kumari Poonam Rajpoot, Nirmla Kumari, Prem Babu Verma Counsel for Opposite Party(s) : G.A. Diwari Lal And 9 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
submitted that vide order dated 13.02.2025 by a co-ordinate bench of this Court in Application U/S 528 BNSS No.4245 of 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. 6. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has been duly verified by the parties before the concerned trial court court vide verification report dated 06.03.2025. 7.
Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court. 8. 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. 9. 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. 10. For the discussions made above, the present application is allowed and the entire proceeding of Criminal Case No. 3928 of 2021 (State Vs. Diwaari Lal and Others) arising out of Case Crime No.25 of 2019, under Sections- 147, 148, 323, 504 and 506 I.P.C., Police Station- Eka, District- Firozabad, and cognizance and summoning order dated 17.03.2021, are hereby quashed. May 7, 2026 AdityaG NA528 No. 14106 of 2026 2 (Sanjiv Kumar,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad