BNSS No. 17980 of 2025 · Allahabad High Court
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. 323, 452, 504
Key paragraphs
- Para 66. 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 2 NA528 No. 17980…
- Para 88. For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed. September 9, 2025 Dhirendra/ (Ram Manohar Narayan Mishra,J.)
Judgment
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., and perused the record.
This application under Section 528 BNSS has been filed for quashing the entire criminal proceedings of Case No. 2108 of 2015 arising out of Case Crime No. 796 of 2014, under Sections 452, 323, 504 IPC, Police Station Firozabad South, District Firozabad, pending before Chief Judicial Magistrate, Firozabad and charge-sheet dated 1.11.2014 as well as cognizance order dated 1.4.2015 in the light of compromise dated
7.5.2025.
Learned counsel for the applicant submitted that vide order dated
27.5.2025 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 has verified the contents of compromise.
Learned counsel for the applicant submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 17.6.2025.
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.
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 2 NA528 No. 17980 of 2025 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 9, 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. 323, 452, 504.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.