KAMAL TIWARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/1512/2025 · 2025-02-24
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124136 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124136 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11727
Court No. - 13 Case :- APPLICATION U/S 482 No. - 1512 of 2025 Applicant :- Kamal Tiwari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Rahul Kumar Shukla,Muskan Bharti Counsel for Opposite Party :- G.A.,Shivam Srivastava Hon'ble Rajeev Singh,J.
1. 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.
2. This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Criminal Misc. Case No.3273 of 2019, arising out in Case Crime No.162/2018, (State Vs. Kamal Tiwari and Ors.), pending in the Court of learned Judicial Magistrate 2nd, District - Bahraich under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C. related to P.S. Visheshwarganj, District Bahraich.
4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide
order dated 16.12.2024 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned court below verify the contents of compromise and it was duly verified.
5. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 8.1.2025.
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 court below.
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 entire criminal proceeding of Criminal Misc. Case No.3273 of 2019, arising out in Case Crime No.162/2018, (State Vs. Kamal Tiwari and Ors.), pending in the Court of learned Judicial Magistrate 2nd, District - Bahraich under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C. related to P.S. Visheshwarganj, District Bahraich, is hereby quashed.
10. Office is directed to communicate this order to the court below, forthwith.
Order Date :- 24.2.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench