NA528/6736/2025 of AFSAR AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6736 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Shri Vimal Kumar, learned counsel for the applicants, learned A.G.A. for the State of U.P., Shri Kamlesh Kumar Bharti, learned counsel for the opposite party no. 2 and perused the record. 2. This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Case No. 1246 of 2024 (State of U.P. vs. Afsar and others), arising out of case crime No. 538 of 2024, under Sections 115(2), 352, 351(2), 117(2), 110 B.N.S., P.S. Murad Nagar, District Ghaziabad, including the cognizance order dated 11.12.2024. 3. Learned counsel for the applicant as well as opposite party No.2 jointly submitted that the parties have entered into compromise and vide order dated 19.5.2025, a direction was given to the learned Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned Trial Court has verified the contents of compromise vide order dated 31.5.2025.   4. 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.  5. In pursuance of the order dated 19.5.2025 of this Court, Additional Civil Judge (S.D.)/A.C.J.M., court No.5, Ghaziabad has submitted his report dated 1.8.2025, which shows that the compromise entered between the parties has been verified. A copy of the verification order along with the verified Versus Counsel for Applicant(s) : Atul Kumar Pandey, Vimal Kumar Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Bharti Afsar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) compromise has also been annexed with the report. 6. 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. 7. 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. 8. For the discussions made above, the present application is allowed and  entire proceeding of Case No. 1246 of 2024 (State of U.P. vs. Afsar and others), arising out of case crime No. 538 of 2024, under Sections 115(2), 352, 351(2), 117(2), 110 B.N.S., P.S. Murad Nagar, District Ghaziabad including the cognizance order dated 11.12.2024, is hereby quashed. May 6, 2026 Vandana NA528 No. 6736 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad