Vijay Kushwaha and 4 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Vijay Kushwaha and 4 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge-sheet dated 19.07.2021 and the entire proceedings of Sessions Case No.1944 of 2021 (State Vs. Vijay Kushwaha and others), arising out of Case Crime No. 48 of 2021, under Sections 147, 308, 323, 504, 506 IPC, Police Station Tiwaripur, District Gorakhpur, pending before the Additional Sessions Judge, Court No.6, Gorakhpur.

Issue for consideration

Whether the charge-sheet dated 19.07.2021 and the entire proceedings of Sessions Case No.1944 of 2021, arising out of Case Crime No. 48 of 2021, should be quashed in exercise of the inherent power under Section 528 of BNSS. +1 more

Court's answer

The application is allowed and the charge-sheet dated 19.07.2021, along with the entire proceedings of Sessions Case No.1944 of 2021 (State Vs. Vijay Kushwaha and others), arising out of Case Crime No. 48 of 2021, are quashed.

Ratio / Principle

Where the parties have mutually settled their dispute by way of a compromise, the dispute is essentially of a private nature with no wider social impact, and no useful purpose would be served by proceeding further, the inherent power may be exercised to end the criminal proceedings.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.) allowed an application under Section 528 BNSS and quashed the charge-sheet dated 19.07.2021 and the entire proceedings of Sessions Case No.1944 of 2021 (State Vs. Vijay Kushwaha and others), arising out of Case Crime No. 48 of 2021, under Sections 147, 308, 323, 504, 506 IPC, Police Station Tiwaripur, District Gorakhpur, pending before the Additional Sessions Judge, Court No.6, Gorakhpur. Pursuant to a direction dated 12.08.2025, the court below verified the compromise between the parties vide order dated 18.08.2025, and the learned A.G.A. conceded the compromise. Relying on 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), the Court held that where the dispute is essentially of a private nature, has no wider social impact, and stands mutually settled by compromise, no useful purpose would be served by proceeding further, and inherent power may be exercised to end the criminal proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 17977 of 2025

Vijay Kushwaha And 4 Others

	Versus ....	.Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Hare Ram Pandey : G.A., Varun Shankar	Dwivedi

Court No. - 83

HON'BLE SANJIV KUMAR, J.

Heard Mr. Hare Ram Pandey, learned counsel for the applicants, learned A.G.A. for the State of U.P., Mr. Varun Shankar Dwivedi, 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 charge-sheet dated 19.07.2021, along with entire proceedings of Sessions Case No.1944 of 2021 ( State Vs. Vijay Kushwaha and others), arising out of Case Crime No. 48 of 2021, under Sections 147, 308, 323, 504, 506 IPC., Police Station Tiwaripur, District Gorakhpur, pending in the Court of learned Additional Sessions Judge Court No.6, Gorakhpur.

Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 12.08.2025, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the court concerned 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 concerned vide order dated 18.08.2025, a copy of which has been annexed as Annexure No.SA-2 to the supplementary affidavit.

Learned A.G.A. has fairly conceded that compromise has been effected

NA528 No. 17977 of 2025

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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 charge-sheet dated 19.07.2021, along with entire proceedings of Sessions Case No.1944 of 2021 ( State Vs. Vijay Kushwaha and others), arising out of Case Crime No. 48 of 2021, under Sections 147, 308, 323, 504, 506 IPC., Police Station Tiwaripur, District Gorakhpur, pending in the Court of learned Additional Sessions Judge Court No.6, Gorakhpur, are hereby quashed.

(Sanjiv Kumar,J.)

April 20, 2026 SFH

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad