Allowed¶20

Harvir Singh and 6 Others v. State of U.P. and Another

Allahabad HC2 Apr 2026NA528/8247/2025

Case brief

AI extract

What is this about?

Section 528 BNSS inherent powers; quashing of criminal proceedings on compromise; Case Crime No. 421 of 2020 under Sections 147, 323, 324, 504, 506 IPC, P.S. Baherhi, District Bareilly; charge-sheet dated 09.09.2020 and summoning order dated 31.10.2022 quashed; compromise verified by Trial Court report dated 26.03.2025; Gian Singh, B.S. Joshi, Narinder Singh relied upon; private settlement, no wider social impact; State of U.P.; Allahabad High Court; Sanjiv Kumar, J.

What did the court decide?

Entire proceedings of Case No. 1836 of 2022 (State Vs. Harvir Singh and others) arising out of Case Crime No. 421 of 2020, under Sections 147, 323, 324, 504, 506 IPC, Police Station Baherhi, District Bareilly, along with the charge-sheet dated 09.09.2020 and the summoning order dated 31.10.2022, are quashed. ¶20

Harvir Singh and 6 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Case No. 1836 of 2022 (State Vs. Harvir Singh and others) arising out of Case Crime No. 421 of 2020, along with the charge-sheet dated 09.09.2020 and summoning order dated 31.10.2022, should be quashed in exercise of the inherent power under Section 528 BNSS in view of the compromise between the parties.

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Court's answer

Following Gian Singh, B.S. Joshi and Narinder Singh, the inherent power under Section 528 BNSS can be used to do real and substantial justice and can be exercised to speed up the process of ending criminal proceedings where a settlement has been arrived at between the parties.

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Ratio / Principle

Where the parties do not wish to pursue the case any 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 (verified by the Trial Court), no useful purpose would be served by proceeding with the matter further.

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Key takeaways

The application under Section 528 BNSS is allowed and the entire proceedings of Case No. 1836 of 2022 (State Vs. Harvir Singh and others) arising out of Case Crime No. 421 of 2020, together with the charge-sheet dated 09.09.2020 and the summoning order dated 31.10.2022, are quashed.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.) allowed an application under Section 528 BNSS and quashed the entire proceedings of Case No. 1836 of 2022 (State Vs. Harvir Singh and others), arising out of Case Crime No. 421 of 2020 under Sections 147, 323, 324, 504, 506 IPC, Police Station Baherhi, District Bareilly, together with the charge-sheet dated 09.09.2020 and the summoning order dated 31.10.2022. The parties had entered into a compromise, verified by the Trial Court vide report dated 26.03.2025 pursuant to the Court's order dated 12.03.2025, 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 the inherent power can be used to do real and substantial justice and may be exercised to end criminal proceedings where the parties have settled a dispute that is essentially private in nature and has no wider social impact, as no useful purpose would be served by continuing the prosecution.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 8247 of 2025

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Harvir Singh And 6 Others

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.....Applicant(s)

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Versus

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State of U.P. and Another

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		.....Opposite Party(s)
Counsel for Applicant(s)	: Hasan Parvej
Counsel for Opposite Party(s)	: Ramajan Ahmad,	G.A.
Court No.- 83

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HON'BLE SANJIV KUMAR, J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard Sri Hasan Parvej, learned Counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No.1836 of 2022 (State Vs. Harvir Singh and others), arising out of Case Crime No. 421 of 2020, under Sections 147, 323, 324, 504, 506 of I.P.C., Police Station Baherhi, District Bareilly, as well as charge-sheet dated 09.09.2020 and summoning order dated 31.10.2022.

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Learned Counsel for the applicants has submitted that vide order dated 12.03.2025 a direction was given to the Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the parties have verified the compromise as informed by the Trial Court vide report dated 26.03.2025.

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Learned counsel for the applicants has submitted that the parties have entered into compromise, which has duly been verified by the Trial Court vide report dated 26.03.2025.

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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

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NA528 No. 8247 of 2025

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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 entire proceedings of Case No.1836 of 2022 (State Vs. Harvir Singh and others), arising out of Case Crime No. 421 of 2020, under Sections 147, 323, 324, 504, 506 of I.P.C., Police Station Baherhi, District Bareilly, as well as charge-sheet dated 09.09.2020 and summoning order dated 31.10.2022 are hereby quashed .

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May 5, 2026 Amit

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(Sanjiv Kumar,J.)

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad

Harvir Singh and 6 Others v. State of U.P. and Another

Case brief

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Harvir Singh and 6 Others v. State of U.P. and Another

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