Triloki and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Triloki and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceeding of Sessions Case No.2099 of 2021 (State Vs. Triloki and others) arising out of Case Crime No.820 of 2019 under Sections 323, 325, 308, 504 IPC, P.S. Khorabar, District Gorakhpur, the order dated 06.03.2025 rejecting compromise application 19 Ka, the charge-sheet dated 16.02.2020 and the cognizance order dated 04.09.2020.

Issue for consideration

Whether the entire proceedings of Sessions Case No.2099 of 2021 (State Vs. Triloki and others) arising out of Case Crime No.820 of 2019 under Sections 323, 325, 308, 504 IPC, together with the order dated 06.03.2025 rejecting compromise application 19 Ka, the charge-sheet dated 16.02.2020 and the cognizance order dated 04.09.2020, should be quashed under Section 528 BNSS in view of the compromise arrived at and verified between the parties.

Court's answer

Considering that the parties do not wish to pursue the case further, that the dispute is essentially of a private nature with no wider social impact, and that it has been mutually settled by way of a compromise duly verified by the court below, no useful purpose would be served by proceeding with the matter further.

Ratio / Principle

Relying on the Apex Court authorities of Gian Singh, B.S. Joshi and Narinder Singh, this Court concluded that its inherent power under Section 528 BNSS can be exercised to speed up the process of ending criminal proceedings where settlement has been arrived at between the parties.

Key takeaways

Operative disposal: the present application is allowed and the entire proceeding of Sessions Case No.2099 of 2021 (State Vs. Triloki and others) arising out of Case Crime No.820 of 2019 under Sections 323, 325, 308, 504 IPC, the order dated 06.03.2025 rejecting compromise application 19 Ka, the charge-sheet dated 16.02.2020 and the cognizance order dated 04.09.2020 are hereby quashed.ratio¶21

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD, Court No. 92 — Application U/S 528 BNSS No. 11998 of 2025, decided September 24, 2025 (Hon'ble Ram Manohar Narayan Mishra, J.). Applicants Triloki and 3 others sought quashing of the entire proceedings of Sessions Case No.2099 of 2021 (State Vs. Triloki and others), arising out of Case Crime No.820 of 2019 under Sections 323, 325, 308, 504 IPC, P.S.Khorabar, District-Gorakhpur, together with the order dated 06.03.2025 passed by Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.4, Gorakhpur, rejecting compromise application 19 Ka, the charge-sheet dated 16.02.2020 and the cognizance order dated 04.09.2020. Pursuant to this Court's direction dated 25.08.2025, the court below verified the parties' compromise vide report dated 04.09.2025, and the learned A.G.A. conceded that the compromise had been effected and duly verified. Finding the dispute essentially of a private nature with no wider social impact, and relying on the Apex Court decisions in 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) on the exercise of inherent power to end criminal proceedings settled between the parties, the Court allowed the application and quashed the impugned proceedings, order, charge-sheet and cognizance order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 11998 of 2025

Versus Triloki And 3 Others	.....	Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s) : Chandra Counsel for Opposite Party(s) : Brijesh G.A.	Prakash Kumar	Singh Srivastava,

Court No. - 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Supplementary affidavit filed on behalf of the applicants is taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., 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 proceeding of Sessions Case No.2099 of 2021 (State Vs. Triloki and others), arising out of Case Crime No.820 of 2019, under Sections 323, 325, 308, 504 IPC, P.S.Khorabar, District-Gorakhpur as well as order dated 06.03.2025 passed by Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.4, Gorakhpur, rejecting compromise applicantion 19 Ka and charge-sheet dated 16.02.2020 as well as cognizance order dated 04.09.2020.

Learned counsel for the applicants submitted that the alleged offence is of a private nature and has no significant social impact. He next submitted that on account of intervention of the well-wishers, a compromise has been arrived at between

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the parties. The said compromise has already been filed before the court concerned.

Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 25.08.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court below had verified the contents of compromise.

Learned counsel for the applicants 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 dated 04.09.2025.

Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court 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 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.

For the discussions made above, the present application is allowed and entire proceeding of Sessions Case No.2099 of 2021 (State Vs. Triloki and others), arising out of Case Crime

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No.820 of 2019, under Sections 323, 325, 308, 504 IPC, P.S.Khorabar, District-Gorakhpur as well as order dated 06.03.2025 passed by Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.4, Gorakhpur, rejecting compromise applicantion 19 Ka and charge-sheet dated 16.02.2020 as well as cognizance order dated 04.09.2020 are hereby quashed.

September 24, 2025 Amit

(Ram Manohar Narayan Mishra,J.)

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