ROBIN GORGE SINGH AND ANOTHER v. STATE OF U.P. THRU.THE PRIN.SECY. HOME AND ANOTHER
A482/3445/2024 · 2025-06-17
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132459 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132459 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 11 Case :- APPLICATION U/S 482 No. - 3445 of 2024 Applicant :- Robin Gorge Singh And Another Opposite Party :- State Of U.P. Thru.The Prin.Secy. Home And Another Counsel for Applicant :- Mithila Shanker Awathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. (C.M.A. No.11 of 2025)
1. Heard.
2. This is an application for recall of order dated
19.7.2024.
3. The cause shown in the affidavit filed in support of the application is sufficient.
4. Accordingly, the application is allowed and
order dated 19.7.2024 is hereby recalled.
5. The contempt application is restored to its original number. (Order on Application U/S 482 Cr.P.C.)
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 Misc. Case No.796/2021, under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, Police Station Pasgawan, District kheri, pending in the Court of Judicial Magistrate, Mohammadi, Kheri.
3. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide
order dated 2.8.2023 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.
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 below vide report dated 26.2.2024.
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 below.
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 entire criminal proceedings of Misc. Case No.796/2021, under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, Police Station Pasgawan, District kheri, pending in the Court of Judicial Magistrate, Mohammadi, Kheri, is hereby quashed.
9. Office is directed to communicate this order to the court below, forthwith.
Order Date :- 17.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench