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2025 DAILYLAW 124571 (ALL)

SHARAD SHARMA AND 9 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/1700/2025 · 2025-02-24

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11667 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1700 of 2025 Applicant :- Sharad Sharma And 9 Others Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Abhishek Srivastava,Vikas Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Vinay Kumar Verma and Ms. Shalini Srivastava, Advocates 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 proceeding of Case No. 92136 of 2022; State Vs. Sharad Sharma & Ors. pending in the Court of Additional Chief Judicial Magistrate, C.B.I., (A.P.), Lucknow arises from First Information Report dated 03-04-2022 bearing FIR No. 0172/2022 U/s 498-A, 323, 504, 506, 377, 354(Kha) I.P.C. & Section 3/4 Dowry Prohibition Act, 1961 Police Station Ashiyana, District Lucknow. 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 07.01.2025, 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 24.01.2025. 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 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 entire proceeding of Case No. 92136 of 2022; State Vs. Sharad Sharma & Ors. pending in the Court of Additional Chief Judicial Magistrate, C.B.I., (A.P.), Lucknow arises from First Information Report dated 03-04-2022 bearing FIR No. 0172/2022 U/s 498-A, 323, 504, 506, 377, 354(Kha) I.P.C. & Section 3/4 Dowry Prohibition Act, 1961 Police Station Ashiyana, District Lucknow are hereby quashed. Order Date :- 24.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench