Judgment · High Court
Case at a glance
Outcome
Allowed
For the discussions made above, the present application is allowed
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 ss. 323, 452, 506
Key paragraphs
- Para 88. 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 1010. For the discussions made above, the present application is allowed and entire proceeding of Case No.1704 of 2015, arising out of Case Crime No.692 of 2014, under Sections 452, 323 and 506 I.P.C., P.S.-Shahganj, District-Agra are hereby quashed. September 24, 2025 Amit (Ram Manohar…
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 of BNSS has been filed for quashing the entire proceeding of Case No.1704 of 2015, arising out of Case Crime No.692 of 2014, under Sections 452, 323 and 506 I.P.C., P.S.-Shahganj, District-Agra.
Learned counsel for the applicants submitted that the alleged offence is triable by Magistrate. He next submitted that on account of intervention of the well-wishers, a compromise has been arrived at between the parties. The said compromise has already been filed before the court concerned.
Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 27.05.2025 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.
Learned counsel for the applicants 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 15.07.2025. 2 NA528 No. 18915 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.
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 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
For the discussions made above, the present application is allowed and entire proceeding of Case No.1704 of 2015, arising out of Case Crime No.692 of 2014, under Sections 452, 323 and 506 I.P.C., P.S.-Shahganj, District-Agra are hereby quashed. September 24, 2025 Amit (Ram Manohar Narayan Mishra,J.) AMIT KUMAR High Court of Judicature at Allahabad
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
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Indian Penal Code, 1860 — ss. 323, 452, 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.