BNSS No. 22335 of 2025 · Allahabad High Court
Case at a glance
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 proceedings of Case No.379 of 2024 (State vs. Brijesh Kumar), arising out Case Crime No.39 of 2023, under Section 409 I.P.C., Police Station Lodha, District Aligarh as well as charge-sheet No.125 of…
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.
The instant application has been filed for quashing the entire proceedings of Case No.379 of 2024 (State vs. Brijesh Kumar), arising out Case Crime No.39 of 2023, under Section 409 I.P.C., Police Station Lodha, District Aligarh as well as charge-sheet No.125 of 2024 dated
20.05.2024 and summoning order dated 04.06.2024.
Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 26.06.2025 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 28.07.2025.
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. 2 NA528 No. 22335 of 2025
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 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 entire proceedings of Case No.379 of 2024 (State vs. Brijesh Kumar), arising out Case Crime No.39 of 2023, under Section 409 I.P.C., Police Station Lodha, District Aligarh as well as charge-sheet No.125 of 2024 dated 20.05.2024 and summoning order dated 04.06.2024 are hereby quashed. September 10, 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 and
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Indian Penal Code, 1860 — s. 409.
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.