Rakesh Fauji and 4 Others Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Rakesh Fauji and 4 Others Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceeding of Criminal Case No. 8022 of 2021 arising out of Case Crime No. 47 of 2020 (Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad), the cognizance order dated 24.11.2021 and the charge sheet dated 13.3.2020.

Issue for consideration

Whether the entire proceeding of Criminal Case No. 8022 of 2021, arising out of Case Crime No. 47 of 2020, along with the cognizance order dated 24.11.2021 and the charge sheet dated 13.3.2020, is liable to be quashed under Section 528 BNSS. +1 more

Court's answer

The dispute being essentially of a private nature with no wider social impact, and having been mutually settled between the parties by way of a compromise, no useful purpose would be served by proceeding with the matter further.

Ratio / Principle

Following the Apex Court in Gian Singh, B.S. Joshi and Narinder Singh, the inherent power can be exercised to do real and substantial justice and to speed up the process of ending criminal proceedings where a settlement has been arrived at between the parties.

Key takeaways

The application is allowed; the entire proceeding of Criminal Case No. 8022 of 2021, the cognizance order dated 24.11.2021 and the charge sheet dated 13.3.2020 are quashed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.) allowed an application under Section 528 BNSS seeking quashing of the entire proceeding of Criminal Case No. 8022 of 2021 (arising out of Case Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad), the cognizance order dated 24.11.2021 and the charge sheet dated 13.3.2020. The parties had entered into a compromise; pursuant to this Court's direction dated 11.11.2025, the Trial Court verified the compromise vide order dated 20.12.2025, and the learned A.G.A. conceded the factum of compromise. Reliance was placed 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) for the proposition that inherent power can be used to do real and substantial justice and to end criminal proceedings on settlement; the dispute being essentially private with no wider social impact, no useful purpose would be served by continuing the matter.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 38283 of 2025

Rakesh Fauji And 4 Others

.....Applicant(s)

	Versus
State Of U.P. And 4 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Monika Pal
Counsel for Opposite Party(s)	: Satya Narayan Yadav, G.A.

Court No. - 83

HON'BLE SANJIV KUMAR, J.

Supplementary affidavit, filed by learned counsel for the applicants, is taken on record.

Heard Ms. Archana Mishra, advocate holding brief of Ms. Monika Pal, learned counsel for the applicants, learned A.G.A. for the State of U.P., Shri Vinod Kr. Patel, advocate holding brief of Shri Satya Narayan Yadav, learned counsel for the opposite party nos. 2 to 5 and perused the record.

This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Criminal Case No. 8022 of 2021, arising out Case Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad, as well as the cognizance order dated 24.11.2021 and charge sheet dated 13.3.2020.

Learned counsel for the applicant and opposite party No.2 have jointly submitted that the parties have entered into compromise and vide order dated 11.11.2025, a direction was given to the learned Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned Trial Court has verified the contents of compromise vide order dated 20.12.2025. Certified copy of the verification order along with the verified compromise has been annexed with the supplementary affidavit, filed today.

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

NA528 No. 38283 of 2025

2

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 entire proceeding of Criminal Case No. 8022 of 2021, arising out Case Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC, P.S. Matsaina, District Firozabad, as well as the cognizance order dated 24.11.2021 and charge sheet dated 13.3.2020, are hereby quashed.

(Sanjiv Kumar,J.)

May 6, 2026

Vandana

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