2025 Jagdesh Ahirwar Alias Jagdesh Kumar State of U.P. and Another & Ors. v. State of Haryana

Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., Sri Nilesh Kumar Dubey, learned counsel for the opposite party no. 2 and perused the record.

This application under Section 528 BNSS has been filed for quashing the entire criminal proceedings of Case No. 685 of 2023 arising out of Case Crime No. 216 of 2011, under Sections 324, 504, 506, 308 IPC, Police Station Sipri Bazar, District Jhansi, pending before Special Judge (SC/ST Act) in the light of compromise.

Learned counsel for the applicant submitted that offence in question is punishable maximum term of seven years and it may not be categorized as henious offence. The parties are arrived at compromise and settled their disputes amicably on intervention of some respected people and well wishers. No dispute remains between the parties as of now. He further submitted that vide order dated 28.3.2025 a direction was given to the court below to verify the compromise executed by the parties. In pursuance of the aforesaid order, parties appeared before the court below and the learned court below had verified the contents of compromise in presence of the parties.

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 2 NA528 No. 10269 of 2025 dated 10.7.2025, copy thereof has been filed before this Court.

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.

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.

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.