Mohd. Irfan and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mohd. Irfan and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings of Session Trial No.1336 of 2023 and the chargesheet dated 25.03.2021 arising out of Case Crime No.443 of 2020 (Sections 366, 368, 386, 506 IPC, P.S. Prem Nagar, District Jhansi) quashed in terms of the compromise; copy of order to be sent to the court concerned for compliance.

Issue for consideration

Whether the further proceedings in Session Trial No.1336 of 2023 and the chargesheet dated 25.03.2021 arising out of Case Crime No.443 of 2020 should be quashed in view of the compromise deed dated 24.04.2025 between the applicants and the victim/wife of the first informant, as verified by the trial court.

Court's answer

Following the Apex Court decisions in Gian Singh, B.S. Joshi and Narinder Singh, the inherent power can be exercised to do real and substantial justice and to speedily end criminal proceedings where the parties have arrived at a settlement/compromise.

Ratio / Principle

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

Key takeaways

The application under Section 528 BNSS is allowed and consequently the entire proceedings of the aforesaid criminal case (Session Trial No.1336 of 2023 arising out of Case Crime No.443 of 2020) are quashed; a copy of the order is to be sent to the court concerned for necessary compliance.ratio¶17

Detailed headnote1 paragraphs

Application under Section 528 BNSS allowed; entire proceedings of Session Trial No.1336 of 2023 and chargesheet dated 25.03.2021 arising out of Case Crime No.443 of 2020, under Sections 366, 368, 386, 506 IPC, Police Station Prem Nagar, District Jhansi, quashed in view of the compromise deed dated 24.04.2025 between the applicants and the victim/wife of the first informant (opposite party No.2), which was verified by the learned Additional Session Judge (FTC-CAW) Jhansi vide order dated 20.08.2025 pursuant to this Court's direction dated 16.07.2025. Relying on 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), the Court held that inherent power may be exercised where a purely personal dispute has been genuinely settled between the parties, as no useful purpose would be served in continuing the proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 19448 of 2025

Mohd. Irfan And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Dileep Kumar
Counsel for Opposite Party(s)	: Ramesh Kumar Sahu, G.A.

Court No. - 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the applicants, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.

Instant application under Section 528 BNSS, has been filed by the applicants praying for quashing of further proceedings in Session Trial No.1336 of 2023, and chargesheet dated 25.03.2021 arising out of Case Crime No.443 of 2020, under Sections 366, 368, 386, 506 IPC, Police Station Prem Nagar, District Jhansi in pursuance of the compromise deed dated 24.004.2025 held between the applicants and victim/wife of the first informant/opposite party No.2 pending in the court of Additional Session Judge (FTC- CAW) Jhansi.

Leaned counsel for the applicants submit that on direction of this Court dated 16.07.2025 the parties were relegated to trial court for verification of the compromise entered between them on 24.04.2025. Learned counsel for the applicants submitted that said compromise has been duly verified by learned Additional Session Judge (FTC- CAW) Jhansi vide order dated 20.08.2025 in presence of the parties who have been duly identified by the respective counsels. Certified copy of the order and compromise has been filed before this Court for kind perusal. Therefore, it is prayed that the proceedings of trial court may kindly be quashed in terms of said compromise.

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

NA528 No. 19448 of 2025

2

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 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.

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

Let a copy of this order be sent to the court concerned for necessary compliance.

(Ram Manohar Narayan Mishra,J.)

September 10, 2025 Ashish/-

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