Maharam and 2 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Maharam and 2 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 09.12.2017 and the entire proceedings of Case No. 1919 of 2018 (State of U.P. Vs. Maharam and others), arising out of Case Crime No. 166 of 2017, under Sections 323, 325, 504 IPC, Police Station Barua Sagar, District Jhansi.

Issue for consideration

Whether the impugned charge-sheet dated 09.12.2017 and the entire proceedings of Case No. 1919 of 2018 (State of U.P. Vs. Maharam and others), arising out of Case Crime No. 166 of 2017, under Sections 323, 325, 504 IPC, can be quashed in exercise of inherent power under Section 528 BNSS on the basis of a compromise between the parties. +1 more

Court's answer

Following the Hon'ble Apex Court decisions in Gian Singh, B.S. Joshi and Narinder Singh, the inherent power under Section 528 BNSS can be exercised to speed up the process of ending criminal proceedings where a settlement has been arrived at between the parties.

Ratio / Principle

Where 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 way of a compromise, no useful purpose would be served by proceeding with the matter further.

Key takeaways

The application is allowed and the impugned charge-sheet dated 09.12.2017 as well as the entire proceedings of Case No. 1919 of 2018 (State of U.P. Vs. Maharam and others), arising out of Case Crime No. 166 of 2017, under Sections 323, 325, 504 IPC, Police Station Barua Sagar, District Jhansi, are quashed.ratio¶18

Detailed headnote1 paragraphs

Criminal Proceedings — Quashing — Inherent Powers — S. 528 BNSS — Compromise between parties verified by court below (verification order dated 03.12.2025; report dated 12.12.2025 of learned ACJM, Court No.1, Jhansi) — Offences under Sections 323, 325, 504 IPC, P.S. Barua Sagar, District Jhansi — Dispute essentially of a private nature with no wider social impact; parties did not wish to pursue the case — Reliance 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 — Held, inherent power can be exercised to end criminal proceedings where settlement is arrived at between the parties — Charge-sheet dated 09.12.2017 and entire proceedings of Case No. 1919 of 2018 quashed — Application allowed (Sanjiv Kumar, J.; decided April 23, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 26141 of 2025

Maharam And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Ganga Bhushan Mishra
Counsel for Opposite Party(s) :	Ankit Sharma, G.A.

Court No. - 83

HON'BLE SANJIV KUMAR, J.

Heard Mr. Ganga Bhushan Mishra, learned counsel for the applicants, learned A.G.A. for the State of U.P., Mr. Ankit Sharma, learned counsel for opposite party no.2 and perused the record.

This application under Section 528 of BNSS has been filed for quashing the impugned charge-sheet dated 09.12.2017 as well as entire proceedings of Case No. 1919 of 2018 (State of U.P. Vs. Maharam and others), arising out of Case Crime No. 166 of 2017, under Sections 323, 325, 504 IPC, Police Station Barua Sagar, District Jhansi.

Learned counsel for the applicants and learned counsel for opposite party no.2 jointly submitted that vide order dated 07.11.2025, 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 further submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide order dated 03.12.2025.

In this regard, the court concerned i.e. learned Additional Chief Judicial Magistrate, Court No.1, Jhansi, has sent report dated 12.12.2025, along with verification order and verified compromise, which shows that both the parties appeared before the Court and verified the compromise.

NA528 No. 26141 of 2025

2

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 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 impugned charge-sheet dated 09.12.2017 as well as entire proceedings of Case No. 1919 of 2018 (State of U.P. Vs. Maharam and others), arising out of Case Crime No. 166 of 2017, under Sections 323, 325, 504 IPC, Police Station Barua Sagar, District Jhansi, are hereby quashed.

(Sanjiv Kumar,J.)

April 23, 2026 Subham

Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad