BNSS No. 37776 of 2025 · Allahabad 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, 504, 506
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 entire proceedings of Case Crime No.248 of 2021, under Section 323, 504 and 506 I.P.C., Police Station Sarai Inayat, District Prayagraj as well as charge-sheet dated 23.07.2021 and cognizance order dated
Judgment
Heard Sri Santosh Kr. Singh Paliwal, learned Counsel for the applicant, learned A.G.A. for the State, Sri Divyanshu Upadhyay, Advocate holding brief of Sri Suresh Bahadur Singh, 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 proceedings of Case Crime No.248 of 2021, under Section 323, 504 and 506 I.P.C., Police Station Sarai Inayat, District Prayagraj as well as charge-sheet dated 23.07.2021 and cognizance order dated 29.01.2022.
Learned Counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 02.02.2026 a direction was given to the Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the parties have verified the compromise as informed by the Trial Court vide report dated 16.02.2026.
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 Trial Court vide report dated 16.02.2026. 2 NA528 No. 37776 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 Trial Court.
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 proceedings of Case Crime No.248 of 2021, under Section 323, 504 and 506 I.P.C., Police Station Sarai Inayat, District Prayagraj as well as charge-sheet dated 23.07.2021 and cognizance order dated
29.01.2022 are hereby quashed. April 2, 2026 Amit (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
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Indian Penal Code, 1860 — ss. 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.