Uday Bhan Dixit and Another Vs State of U.P. and Another

Shri Avinash Tiwari, learned Counsel for the applicants, Shri Akhilesh Kumar Ojha, Advocate holding brief of Shri Shashi Chood Pandey, learned Counsel for opposite party no.2 and Shri Akhilesh Kumar Mishra, learned A.G.A on behalf of the State are present.

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Supplementary affidavit has been filed on behalf of the applicants, which is taken on record.

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This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Criminal Case No. 17162 of 2007 (State Vs. Uday Bhan Dixit and Another) arising out of Case Crime No.235 of 2007, under Sections 323, 504 and 506 I.P.C., Police Station Kakadev, District- Kanpur Nagar, and charge-sheet dated 03.08.2007 as well as cognizance/ summoning order dated 06.11.2007, pending in the court of learned Additional Civil Judge (J.D.)-1, Kanpur Nagar.

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It is submitted on behalf of learned counsel for the parties that both the parties had re-conciled their differences on their own freewill and wish without any pressure and now living peacefully. The verified compromise deed and verification report of the learned trial court is being filed alongwith the supplementary affidavit.

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Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 04.06.2024, a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise.

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A482 No. 10064 of 2024

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2

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Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has been duly verified by the parties before the concerned trial court court vide report dated 02.08.2024, annexed along with supplementary affidavit.

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

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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.

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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.

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For the discussions made above, the present application is allowed and the entire proceeding of Criminal Case No. 17162 of 2007 (State Vs. Uday Bhan Dixit and Another) arising out of Case Crime No.235 of 2007, under Sections 323, 504 and 506 I.P.C., Police Station Kakadev, DistrictKanpur Nagar, and charge-sheet dated 03.08.2007 as well as cognizance/ summoning order dated 06.11.2007,, are hereby quashed.

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May 5, 2026 AdityaG

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(Sanjiv Kumar,J.)

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Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad

Uday Bhan Dixit and Another v. State of U.P. and Another

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Uday Bhan Dixit and Another v. State of U.P. and Another

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