Sadik Ali And 2 Others State Of U.P. And 5 Others v. Sadik Ali) & Ors.
Case at a glance
Outcome
Allowed
For the discussions made above, the present application is allowed and
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 ss. 307, 316, 323, 325, 504
Key paragraphs
- Para 77. 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…
- Para 99. For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed. September 23, 2025 Dhirendra/ (Ram Manohar Narayan Mishra,J.)
Judgment
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., 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. 71 of 2018 arising out of Case Crime No. 340 of 2017 (State vs. Sadik Ali and others), under Sections 323, 307, 316, 325, 504 IPC, Police Station Kulhui, District Maharajganj, pending before Sessions Judge, Maharajganj and charge-sheet dated
28.4.2018 as well as cognizance order dated 4.6.2018 in terms of compromise dated 18.4.2025.
Learned counsel for the parties submitted that vide order dated
15.5.2025 a direction was given to the court below to verify the compromise executed by the parties. In pursuance of the aforesaid order, the parties appeared before the court below and the learned court below had verified the contents of compromise after recording statement 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 dated 24.6.2026. 2 NA528 No. 16013 of 2025
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. Injuries are caused by hard and blunt object.
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.
Operative part
For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed. September 23, 2025 Dhirendra/ (Ram Manohar Narayan Mishra,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: For the discussions made above, the present application is allowed and
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Indian Penal Code, 1860 — ss. 307, 316, 323, 325, 504.
Precedent status how later indexed judgments have treated this case
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