Allahabad High Court
NA528/2219/2025 of ASHOK KUMAR MISHRA ( IN FIR ASHOK MISHRA) Vs STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER on 18 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2219 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Abhinav Singh, Advocate on behalf of respondent no. 2 is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 528 BNSS No. - 2219 of 2025
Court No. - 14
HON'BLE RAJEEV SINGH, J.
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1. Vakalatnama filed by Shri Abhinav Singh, Advocate on behalf of respondent no. 2 is taken on record.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and learned counsel appearing for respondent no. 2.
3. The present application has been filed with a prayer to quash the charge sheet dated 23.07.2025 as well as summoning order dated 14.11.2025 passed in Criminal Case 125888 of 2025 arising out of F.I.R. No. 143 of 2025, under Sections 69, 115(2), 351(3) BNS, P.S. Hazratganj, District Lucknow and its entire proceedings.
4. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 03.12.2025 passed in Application u/s 528 No. 1958 of 2025, the matter was sent before the court below for verification of the compromise deed.
5. It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 09.12.2025. The compromise deed is appended as Annexure 8 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicant. Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Ashok Kumar Mishra ( In Fir Ashok Mishra) .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another .....Opposite Party(s)
6. Learned A.G.A. fairly concedes that compromise has been effected between the parties and the same has duly been verified by the court below.
7. Hon'ble Apex Court, in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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.
8. In view of the aforesaid fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further.
9. For the discussions made above, the present application is allowed.
10. Charge sheet dated 23.07.2025 as well as summoning order dated 14.11.2025 passed in Criminal Case 125888 of 2025 arising out of F.I.R. No. 143 of 2025, under Sections 69, 115(2), 351(3) BNS, P.S. Hazratganj, District Lucknow and its entire proceedings are hereby quashed.
11. Office is directed to send a copy of this order to the court concerned, forthwith. December 18, 2025 VKS NA528 No. 2219 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench