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2025 DAILYLAW 124535 (ALL)

SHALU ALIAS AFZAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LO. AND 3 OTHERS

A482/1596/2025 · 2025-02-28

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12288 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1596 of 2025 Applicant :- Shalu Alias Afzal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lo. And 3 Others Counsel for Applicant :- Nitin Kumar Mishra,Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Kamlesh Kumar Singh and Shri Somesh Kumar Mishra, Advocates on behalf of respondent no. 4 is taken on record. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and learned counsel appearing for respondent no. 4. 3. The present application has been filed with a prayer to quash the charge sheet dated 07.09.2013 in Case Crime No. 195 of 2013, under Sections 354, 506 I.P.C., P.S. Husainganj, District Lucknow. 4. Learned counsel for the applicants and learned counsel for opposite party no. 4 jointly submit that in pursuance of the earlier order dated 25.06.2024 passed in Application u/s 482 No. 5599 of 2024, 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 03.01.2025. The compromise deed is appended as Annexure 5 to the application, which goes to show that respondent no. 4 does not want to prosecute the applicants. 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 07.09.2013 in Case Crime No. 195 of 2013, under Sections 354, 506 I.P.C., P.S. Husainganj, District Lucknow is hereby quashed. 11. Office is directed to send a copy of this order to the court concerned, forthwith. Order Date :- 28.2.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench