2025 Mukhtar Ahmad And 11 Others State of U.P. and Another & Ors. v. State of Punjab & Ors.

Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., Sri Manindra Mohan Pandey, 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. 1893 of 2020 (State vs. Mukhtar Ahmad and others) arising out of Case Crime No. 171 of 2020, under Sections 147, 148, 149, 307, 323, 336, 427, 504, 352 IPC, Police Station Khuldabad, District Allahabad, pending before ACJM, court no. 9, Allahabad in the light of compromise.

Learned counsel for both the parties submitted that parties settled their dispute in respect of offence punishable under Sections 147, 148, 149, 307, 323, 336, 352, 427, 504 of I.P.C. on the basis of compromise dated

04.02.2025. It is further submitted that both the parties sustained injuries in the incident and the cross case under Sections 147, 148, 149, 307, 323, 336, 427, 504, 506 of I.P.C. is pending against the first informant's side. A certified copy of the compromise is annexed on Annexure No. 6 of the affidavit. Learned counsel for the parties jointly submitted that vide order dated 10.3.2025 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 had verified the contents of compromise dated 4.2.2025.

Learned counsel for the applicant and learned counsel for opposite 2 NA528 No. 7847 of 2025 party no. 2 submitted that the parties have entered into compromise, which bears signature of the parties and their photographs are affixed thereon, which has duly been verified by the court below vide report dated 12.5.2025. A death certificate of Mohd. Anees, applicant no. 4, has been filed along with supplementary affidavit, which shows that he died on 28.1.2024.

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.