✦ Allahabad High Court

Rakesh Fauji And 4 Others State Of U.P. And 4 Others v. State of Punjab & Ors.

BNSS No. 38283 of 2025SANJIV KUMAR2 min read

Case at a glance

Bench
SANJIV KUMAR

Outcome

Allowed

For the discussions made above, the present application is allowed and

Provisions considered

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 Vs State of Haryana…
  • Para 88. For the discussions made above, the present application is allowed and entire proceeding of Criminal Case No. 8022 of 2021, arising out Case Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad, as well as…

Judgment

1.

Supplementary affidavit, filed by learned counsel for the applicants, is taken on record.

2.

Heard Ms. Archana Mishra, advocate holding brief of Ms. Monika Pal, learned counsel for the applicants, learned A.G.A. for the State of U.P., Shri Vinod Kr. Patel, advocate holding brief of Shri Satya Narayan Yadav, learned counsel for the opposite party nos. 2 to 5 and perused the record.

3.

This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Criminal Case No. 8022 of 2021, arising out Case Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad, as well as the cognizance order dated 24.11.2021 and charge sheet dated 13.3.2020.

4.

Learned counsel for the applicant and opposite party No.2 have jointly submitted that the parties have entered into compromise and vide order dated 11.11.2025, a direction was given to the learned Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned Trial Court has verified the contents of compromise vide order dated 20.12.2025. Certified copy of verification order along with the verified compromise has been annexed with the supplementary affidavit, filed today.

5.

Learned A.G.A. has fairly conceded that compromise has been effected 2 NA528 No. 38283 of 2025 between the parties and the same has duly been verified by the court below.

6.

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.

7.

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.

Operative part

8.

For the discussions made above, the present application is allowed and entire proceeding of Criminal Case No. 8022 of 2021, arising out Case Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad, as well as the cognizance order dated

24.11.2021 and charge sheet dated 13.3.2020, are hereby quashed. May 6, 2026 Vandana (Sanjiv Kumar,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. 147, 148, 149, 323, 504, 506.

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.

Why is this linked?

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