Dilshad Husain And 2 Others State Of U.P. And 3 Others v. Dilshad Husain) & Ors.

Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. and perused the record.

The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 28.01.2024 and cognizance order dated 08.04.2024, of Session Case No. 1067 of 2024 (State Vs. Dilshad Husain and Others), arising out of Case Crime No. 300 of 2023, under Sections - 308, 323, 504, Police Station - Kundarki, District - Moradabad, pending in the court of District and Sessions Judge, Moradabad, in terms of the compromise arrived at between the parties.

It is submitted by learned counsel for the applicants that on account of intervention of the well-wishers, a compromise has been arrived at between the parties and the said compromise will be filed before the Trial court concerned within two weeks from today. It is further submitted that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties. Learned counsel for the applicant submitted that vide order dated 1.8.2025 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.

Learned counsel for the applicant submitted that the parties have entered into compromise, which has duly been verified by the court below 2 NA528 No. 24271 of 2025 vide report dated 20.8.2025 after recording statement of the parties; certified copy of verification order and compromise has been filed as annexure to the affidavit. He next submitted that offence is not of henious nature and punishable maximum term of seven years, which is fall out of private dispute.

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.