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

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

What the court decided

AI extract

Outcome

Application allowed; entire proceedings of Case No. 165 of 2023, State Vs. Iqbal and another (case crime no. 435 of 2022), quashed; copy of order to be sent to the court concerned for necessary compliance.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the entire proceedings of Case No. 165 of 2023, State Vs. Iqbal and another (case crime no. 435 of 2022, under Sections 506 I.P.C. and 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019), pending before the Civil Judge (Junior Division), F.T.C. IInd, Amroha, should be allowed in view of the compromise between the parties verified by the court below.

Court's answer

Relying on the cited Supreme Court decisions (Gian Singh, Narindra Singh, Parbatbhai Aahir, Laxmi Narayan, Ram Gopal, Madhavrao Jiwaji Rao Scindia), inherent power can be exercised to speed up the process of ending criminal proceedings where a settlement has been arrived at between the parties.

Ratio / Principle

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

Key takeaways

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

Detailed headnote1 paragraphs

Allahabad High Court (Nalin Kumar Srivastava, J.) allowed an application under Section 528 BNSS (Application U/S 528 BNSS No. 28455 of 2025) and quashed the entire proceedings of Case No. 165 of 2023, State Vs. Iqbal and another, arising out of case crime no. 435 of 2022, under Sections 506 I.P.C. and 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station-Didauli, District Amroha, pending before the Civil Judge (Junior Division), F.T.C. IInd, Amroha. Pursuant to the High Court's order dated 06.08.2025, the trial court verified the compromise dated 02.06.2025 between the parties vide report dated 08.09.2025, and the learned A.G.A. conceded the compromise. Relying on Gian Singh v. State of Punjab [2012, 10 SCC 303], Narindra Singh (2014) 6 SCC 466, Parbatbhai Aahir (2017) 9 SCC 641, State of M.P. v. 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 power can be exercised where settlement is arrived at between the parties; the dispute being essentially private with no wider social impact and mutually settled, no useful purpose would be served by proceeding further. Entire criminal proceedings quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 28455 of 2025

Mohammd Iqbal And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pankaj Sharma, Prashant Sharma
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NALIN KUMAR SRIVASTAVA, J.

Supplementary affidavit filed in the Court today is taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., and perused the record.

This application under Section 528 of B.N.S.S. has been filed for quashing entire proceedings of Case No. 165 of 2023, State Vs. Iqbal and another, arising out of case crime no. 435 of 2022, under Sections 506 I.P.C. and 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station-Didauli, District- Amroha pending in the court of Civil Judge (Junior Division), F.T.C. IInd, Amroha.

Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 06.08.2025, 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 compromise dated 02.06.2025.

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 08.09.2025 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 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

NA528 No. 28455 of 2025

2

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.

October 8, 2025 Anjali

(Nalin Kumar Srivastava,J.)

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