Allowed¶19

Jagdesh Ahirwar Alias Jagdesh Kumar v. State of U.P. and Another

Allahabad HC23 Sept 2025NA528/10269/2025

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on compromise under Section 528 BNSS inherent powers; offences under Sections 324, 504, 506, 308 IPC; Case Crime No. 216 of 2011, Case No. 685 of 2023; Police Station Sipri Bazar, District Jhansi; Special Judge (SC/ST Act); compromise verified by court below (order dated 28.3.2025; report dated 10.7.2025); reliance on Gian Singh (2012 AIR SCW 5333), B.S. Joshi ((2003) 3 SCC 675), Narinder Singh ((2014) 6 SCC 466); personal-nature dispute amicably settled; application allowed, proceedings quashed; Allahabad High Court, Ram Manohar Narayan Mishra, J., September 24, 2025.

What did the court decide?

Entire criminal proceedings of Case No. 685 of 2023, arising out of Case Crime No. 216 of 2011, quashed in light of the verified compromise between the parties. ¶19

Jagdesh Ahirwar Alias Jagdesh Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire criminal proceedings of Case No. 685 of 2023, arising out of Case Crime No. 216 of 2011, quashed in light of the verified compromise between the parties.

¶19

Issue for consideration

Whether the entire criminal proceedings of Case No. 685 of 2023, arising out of Case Crime No. 216 of 2011 (Sections 324, 504, 506, 308 IPC), pending before the Special Judge (SC/ST Act), could be quashed under Section 528 BNSS in light of the compromise between the parties.

¶10

Court's answer

Inherent power can be exercised to bring criminal proceedings to an end where the parties have arrived at a settlement, so as to do real and substantial justice, as held by the Hon'ble Apex Court in Gian Singh, B.S. Joshi and Narinder Singh.

¶17

Ratio / Principle

Since the parties do not wish to pursue the case, the matter is purely of personal nature and has been mutually settled by compromise, no useful purpose would be served in proceeding with the matter further.

¶18

Key takeaways

The present application is allowed and consequently the entire criminal proceedings of the aforesaid case are quashed.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Ram Manohar Narayan Mishra, J.; decision dated September 24, 2025) allowed an application under Section 528 BNSS filed by Jagdesh Ahirwar alias Jagdesh Kumar seeking quashing of the entire criminal proceedings of Case No. 685 of 2023, arising out of Case Crime No. 216 of 2011, under Sections 324, 504, 506, 308 IPC, Police Station Sipri Bazar, District Jhansi, pending before the Special Judge (SC/ST Act). The parties had settled their disputes amicably through compromise; pursuant to this Court's order dated 28.3.2025, the court below verified the compromise and reported by report dated 10.7.2025, and the learned A.G.A. conceded the compromise. Relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466), the Court held that inherent power can be exercised to end criminal proceedings where the parties have settled, that the matter was purely personal in nature and mutually settled, and that no useful purpose would be served in continuing; the application was allowed and the entire criminal proceedings were quashed.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10269 of 2025

¶2

Jagdesh Ahirwar Alias Jagdesh Kumar

¶3

.....Applicant(s)

¶4

Versus

¶5

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Bhriguram Ji
Counsel for Opposite Party(s)	: G.A.

¶6

Court No. - 92

¶7

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

¶8

Short counter affidavit filed on behalf of the opposite party No.2 is taken on record.

¶9

Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., Sri Nilesh Kumar Dubey, learned counsel for the opposite party no. 2 and perused the record.

¶10

This application under Section 528 BNSS has been filed for quashing the entire criminal proceedings of Case No. 685 of 2023 arising out of Case Crime No. 216 of 2011, under Sections 324, 504, 506, 308 IPC, Police Station Sipri Bazar, District Jhansi, pending before Special Judge (SC/ST Act) in the light of compromise.

¶11

Learned counsel for the applicant submitted that offence in question is punishable maximum term of seven years and it may not be categorized as henious offence. The parties are arrived at compromise and settled their disputes amicably on intervention of some respected people and well wishers. No dispute remains between the parties as of now. He further submitted that vide order dated 28.3.2025 a direction was given to the court below to verify the compromise executed by the parties. In pursuance of the aforesaid order, parties appeared before the court below and the learned court below had verified the contents of compromise in presence of the parties.

¶12

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 report

¶13

NA528 No. 10269 of 2025

¶14

¶15

dated 10.7.2025, copy thereof has been filed before this Court.

¶16

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.

¶17

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.

¶18

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.

¶19

For the discussions made above, the present application is allowed and consequently, entire criminal proceedings of aforesaid case are hereby quashed.

¶20

(Ram Manohar Narayan Mishra,J.)

¶21

September 24, 2025 Dhirendra/

¶22

Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad

Jagdesh Ahirwar Alias Jagdesh Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jagdesh Ahirwar Alias Jagdesh Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases