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2025 DAILYLAW 124228 (ALL)

UMESH (MENTIONED AS UMESH NISHAD IN THE FIR) AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/1524/2025 · 2025-02-24

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11569 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1524 of 2025 Applicant :- Umesh (Mentioned As Umesh Nishad In The Fir) And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Sandeep Kumar Ojha,Dilip Kumar Verma Counsel for Opposite Party :- G.A.,Bashisth Muni Mishra 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 proceeding of Special Session Trial No. 528 of 2020 (State Versus Umesh and others) arising from Case Crime No.111 of 2020 under Sections 323, 504, 506, 188, 269 of I.P.C., 3(1) Da, 3(1) Dha of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment, 2015) and 3 of The Epidemic Diseases Act, 1897 registered at Police Station - Chanda, District - Sultanpur. 3. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 19.12.2024, 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. 4. 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 17.01.2025. 5. 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. 6. 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. 7. 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. 8. For the discussions made above, the present application is allowed and quashing the entire proceeding of Special Session Trial No. 528 of 2020 (State Versus Umesh and others) arising from Case Crime No.111 of 2020 under Sections 323, 504, 506, 188, 269 of I.P.C., 3(1) Da, 3(1) Dha of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment, 2015) and 3 of The Epidemic Diseases Act, 1897 registered at Police Station - Chanda, District - Sultanpur 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