MOHAMMAD ASIF AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
A482/1547/2025 · 2025-02-24
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123958 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123958 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11553 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1547 of 2025 Applicant :- Mohammad Asif And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Samrat Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Nikhil Sonkar, Advocate on behalf of the opposite party No.4 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.4 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.66408/2023; State Versus Mohd.Asif & Others, arising out of Case Crime No 0152 of 2022, Under Section 323/504/506 I.P.C, Police Station-Cantt, District-Lucknow including the cognizance order dated 28.04.2023 issued by the Court of J.M. IInd, Lucknow. Whereas presently, the case is pending in the court of Special Judicial Magistrate (A.T.S.), Lucknow. 4. Learned counsel for the applicants as well as learned counsel for opposite party No.4 jointly submitted that vide order dated 13.05.2024, 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.4 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 02.07.2024. 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 and Case No.66408/2023; State Versus Mohd.Asif & Others, arising out of Case Crime No 0152 of 2022, Under Section 323/504/506 I.P.C, Police Station-Cantt, District- Lucknow including the cognizance order dated 28.04.2023 issued by the Court of J.M. IInd, Lucknow. Whereas presently, the case is pending in the court of Special Judicial Magistrate (A.T.S.), Lucknow are hereby quashed. Order Date :- 24.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench