528 BNSS No. - 23394 of 2025 Sahveer State of U.P & Anr. v. Sahveer) arising out of Case Crime No. 51 of 2021 & Ors.
Case at a glance
Outcome
Allowed
For the discussions made above, the present application is allowed and
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 ss. 392, 411
Key paragraphs
- Para 77. 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 99. For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed. September 24, 2025 Dhirendra/ (Ram Manohar Narayan Mishra,J.) DHIRENDRA KUMAR High Court of Judicature at Allahabad
Judgment
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., and perused the record.
This application under Section 528 BNSS has been filed for quashing the entire criminal proceedings of Case No. 27 of 2021 (State vs. Sahveer and others) arising out of Case Crime No. 51 of 2021, under Sections 392, 411 IPC, Police Station Kotwali Coach, District Jalaun, pending before Special Judge (UP Dacoity court), Jalaun and charge-sheet dated
11.5.2021 in the light of compromise.
Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 22.7.2025 a direction was given to the court below to verify the compromise executed by the parties. In pursuance of the aforesaid order, learned court below had verified the contents of compromise after recording statement of the parties.
Learned counsel for the applicant 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 order dated 4.9.2025, copy of verification order and compromise has been filed as annexure to the supplementary affidavit.
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 2 NA528 No. 23394 of 2025 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.
Operative part
For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed. September 24, 2025 Dhirendra/ (Ram Manohar Narayan Mishra,J.) DHIRENDRA 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 — ss. 392, 411.
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.