A482/16720/2024 of RISALDAR KHAN AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 16720 of 2024 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Shri Anuj Kr. Yadav, advocate holding brief of Sri Bhaskar Bhadra, learned counsel for the applicants, learned A.G.A. for the State of U.P., Shri Rajveer Chaurasiya, 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 Criminal Case No. 2128 of 2011, arising out Case Crime No. 620 of 2011, under Sections 323, 324, 504, 427 IPC, P.S. Fatehganj Paschimi, District Bareilly, as well as the cognizance order dated 21.12.2011 and charge sheet dated 14.7.2011. 3. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that the parties have entered into compromise and vide order dated 21.5.2024, 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 6.7.2024.   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 21.5.2024 of this Court, A.C.J.M., Court No.5, Bareilly has submitted his report dated 10.7.2024, which shows that the compromise entered between the parties has been verified. A copy of the Versus Counsel for Applicant(s) : Bhaskar Bhadra Counsel for Opposite Party(s) : G.A., Rajveer Chaurasiya Risaldar Khan And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) verification order dated 6.7.2024 along with the verified 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 Criminal Case No. 2128 of 2011, arising out Case Crime No. 620 of 2011, under Sections 323, 324, 504, 427 IPC, P.S. Fatehganj Paschimi, District Bareilly, as well as the cognizance order dated 21.12.2011 and charge sheet dated 14.7.2011 are hereby quashed. May 6, 2026 Vandana A482 No. 16720 of 2024 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