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2025 DAILYLAW 116259 (ALL)

ABHISHEK VERMA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/233/2025 · 2025-01-13

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2195 Court No. - 13 Case :- APPLICATION U/S 482 No. - 233 of 2025 Applicant :- Abhishek Verma And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sachin Shukla,Ritu Maurya Counsel for Opposite Party :- G.A Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Sharad Kumar, Advocate on behalf of the opposite party No.2 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.84423 of 2024 (State Versus Abhishek Verma and others) arising out of Case Crime No.309 of 2024, under sections- 498-A, 506 I.P.C., Section 3/4 of Dowry Prohibition Act, relating to the Police Station- Mandiyaon, District- Lucknow pending in the Court of learned Judicial Magistrate-III, Lucknow as well as impugned charge-sheet dated 12.6.2024, submitted against the petitioners, by the Investigating Officer in aforesaid case crime number and impugned cognizance/summoning order dated 14.8.2024 passed by learned Judicial Magistrate- III, Lucknow, as contained in Annexure nos.1 and 2 respectively to this petition, in the light of compromise, attained between the parties. 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 24.10.2024, a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise. 5. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 12.11.2024. 6. 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. 7. 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. 8. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further. 9. For the discussions made above, the present application is allowed. The entire proceedings of Criminal Case No.84423 of 2024 (State Versus Abhishek Verma and others) arising out of Case Crime No.309 of 2024, under sections- 498-A, 506 I.P.C., Section 3/4 of Dowry Prohibition Act, relating to the Police Station- Mandiyaon, District- Lucknow pending in the Court of learned Judicial Magistrate-III, Lucknow as well as impugned charge-sheet dated 12.6.2024, submitted against the petitioners, by the Investigating Officer in aforesaid case crime number and impugned cognizance/summoning order dated 14.8.2024 passed by learned Judicial Magistrate- III, Lucknow are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. Order Date :- 13.1.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench