AMAN JAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1677/2025 · 2025-02-24
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125053 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125053 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11681 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1677 of 2025 Applicant :- Aman Jain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satyendra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, 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 charge-sheet no. 1/2022, dated 18/1/2023 and further proceedings of Case no. 114270/2023, U/s 406, 420 IPC, arising out of crime no. 108/2022, P.S Gazipur, Lucknow, pending in the court of Learned Special Chief Judicial Magistrate, (Custom) Lucknow. 3. Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 16.12.2024, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise. 4. 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 concerned vide report/order dated 15.01.2025. 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 court concerned. 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 charge-sheet no.
1/2022, dated 18/1/2023 and further proceedings of Case no. 114270/2023, U/s 406, 420 IPC, arising out of crime no. 108/2022, P.S Gazipur, Lucknow, pending in the court of Learned Special Chief Judicial Magistrate, (Custom) Lucknow are hereby quashed. 9. Office is directed to communicate this order to trial court forthwith. Order Date :- 24.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench