Kishun Yadav @ Krishna Yadav and 6 Others Vs State of U.P. and Another

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 8517 of 2025

¶3

Kishun Yadav @ Krishna Yadav And 6 Others

¶4

.....Applicant(s)

¶5

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Pradeep Kumar Singh, Ramendra Kumar Shukla
Counsel for Opposite Party(s)	: Rakesh Yadav, G.A.

¶6

Court No. - 83

¶7

HON'BLE SANJIV KUMAR, J.

¶8

Heard Shri Pradeep Kumar Singh, learned Counsel for the applicants, Shri Rakesh Yadav, learned counsel for opposite party no. 2 and Shri Puroshottam Maurya, learned A.G.A for the State and perused the record.

¶9

In compliance of order dated 18.03.2025, compliance report of Additional District and Sessions Judge/ Special Judge (Prevention of Corruption Act), Court No.3, Gorakhpur dated 20.09.2025 has been received. The above report shows that both the parties had appeared before the learned trial court and had verified the compromise. The verified compromise deed and verification report is also annexed with the report.

¶10

This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Criminal Case No. 2260 of 2021 (State Vs. Kishan Yadav and others) arising out of Case Crime No.1000 of 2018, under Sections- 147, 323, 504, 427, 308, 325 and 452 I.P.C., Police StationKhorabar, District- Gorakhpur, and charge-sheet dated 06.02.2019 as well as cognizance/ summoning order dated 10.06.2019, pending in the court of learned Additional District and Sessions Judge, Court No.6, Gorakhpur.

¶11

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 verification report.

¶12

Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 18.03.2025, a direction was given to the trial court to verify the factum of compromise executed by the parties. In

¶13

NA528 No. 8517 of 2025

¶14

2

¶15

pursuance of the aforesaid order, learned trial court had verified the contents of compromise.

¶16

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 verification report dated 20.09.2025.

¶17

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.

¶18

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.

¶19

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.

¶20

For the discussions made above, the present application is allowed and the entire proceeding of Criminal Case No. 2260 of 2021 (State Vs. Kishan Yadav and others) arising out of Case Crime No.1000 of 2018, under Sections- 147, 323, 504, 427, 308, 325 and 452 I.P.C., Police StationKhorabar, District- Gorakhpur, and charge-sheet dated 06.02.2019 as well as cognizance/ summoning order dated 10.06.2019, are hereby quashed.

¶21

April 28, 2026 AdityaG

¶22

(Sanjiv Kumar,J.)

¶23

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

Kishun Yadav @ Krishna Yadav and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kishun Yadav @ Krishna Yadav and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ghanendra Patel vs State of U.P. and Another

Rajbabu Alias Deepak and 2 Others vs State of U.P. and Another

Rajbabu Alias Deepak and 2 Others Vs State of U.P. and Another

Smt. Nisha Ojha Sharma and Another vs State of U.P. and Another

Rajesh Kumar and Another Vs State of U.P. and Another

Shyam Singh Yadav Vs State of U.P. and Another