Babu Alias Jai Prakash and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Babu Alias Jai Prakash and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; cognizance/summoning order dated 06.03.2020 of the CJM, Rampur and the entire proceedings of Case No. 1394 of 2020 (Case Crime No. 723 of 2019) quashed; copy of the order to be sent to the court concerned for necessary compliance.

Issue for consideration

Whether the cognizance/summoning order dated 06.03.2020 of the Chief Judicial Magistrate, Rampur and the entire proceedings of Case No. 1394 of 2020 (charge sheet no. 482 of 2019; Case Crime No. 723 of 2019; Sections 323, 504, 506, 452 IPC) can be quashed under Section 528 BNSS in terms of the parties' compromise dated 23.05.2025. +1 more

Court's answer

Relying on the Supreme Court catena (Gian Singh; Narindra Singh; Parbatbhai Aahir; Laxmi Narayan; Ram Gopal; Madhavrao Jiwaji Rao Scindia), this Court held that the inherent power can be used to do real and substantial justice and can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

Ratio / Principle

Since the parties did not wish to pursue the case further, the dispute was essentially of a private nature with no wider social impact and had been mutually settled by compromise, no useful purpose would be served by proceeding with the matter further.

Key takeaways

The Court proceeded on the footing that the compromise had been effected between the parties, was duly verified by the court below (report dated 21.08.2025, taken on record), and that the learned A.G.A. fairly conceded the same.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Ram Manohar Narayan Mishra, J.) — Application U/S 528 BNSS No. 21544 of 2025, decided September 24, 2025. Allowed an application under Section 528 BNSS seeking quashing of the cognizance/summoning order dated 06.03.2020 passed by the Chief Judicial Magistrate, Rampur on charge sheet no. 482 of 2019 dated 08.09.2019 (registered as Case No. 1394 of 2020, arising out of Case Crime No. 723 of 2019, Sections 323, 504, 506, 452 IPC, Police Station Civil Lines, District Rampur), together with the entire proceedings, in terms of the parties' compromise dated 23.05.2025. The compromise had been verified by the court below vide report dated 21.08.2025 (direction issued on 24.06.2025) and the report was taken on record; the learned A.G.A. fairly conceded the compromise and its verification. Relying on the Supreme Court decisions in Gian Singh (2012) 10 SCC 303, Narindra Singh (2014) 6 SCC 466, Parbatbhai Aahir (2017) 9 SCC 641, Laxmi Narayan (2019) 5 SCC 688, Ram Gopal 14 SCC 531 and Madhavrao Jiwaji Rao Scindia (1981) 1 SCC 692, the Court held that inherent powers can be used to do real and substantial justice and can be exercised to end criminal proceedings where settlement has been reached; as the parties did not wish to pursue the case, the dispute was essentially private with no wider social impact, and no useful purpose would be served by proceeding further, the entire proceedings of the criminal case were quashed and a copy of the order was directed to be sent to the court concerned for compliance.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 21544 of 2025

Babu Alias Jai Prakash And Another

.....Applicant(s)

Versus

State of U.P. and Another

	..	...Opposite Party(s)
Counsel for Applicant(s)	: Zainul Abdin
Counsel for Opposite Party(s)	: Vikash Kumar Maurya,	G.A.
Court No.- 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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 B.N.S.S. has been filed for quashing cognizance/summoning order dated 06.03.2020 passed by the Chief Judicial Magistrate, Rampur on charge sheet dated 08.09.2019 bearing charge sheet no. 482 of 2019 registered as Case No. 1394 of 2020, arising out of Case Crime No. 723 of 2019, under Sections 323, 504, 506, 452 I.P.C., Police Station- Civil Lines, District- Rampur including the entire proceedings of the said case in terms of compromise dated 23.05.2025.

Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 24.06.2025, 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 dated.

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 dated 21.08.2025 which is taken on record.

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.

Considering the submissions of learned counsel for the parties in light of

NA528 No. 21544 of 2025

2

judgment of 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, 10 SCC 303], Narindra Singh and others vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir vs. State of Gujarat, (2017) 9 SCC 641 and State of Madhya Pradesh vs. Laxmi Narayan, (2019) 5 SCC 688, Ram Gopal Vs. The State of Madhya Pradesh 14 (SCC) 531 and Madhavrao Jiwaji Rao Scindia & Anr. vs Sambhajirao Chandraojirao Angre 1981 (1) SCC 692. 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 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.

September 24, 2025 Anjali

(Ram Manohar Narayan Mishra,J.)

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad