RAJPUT @ RAJ VERMA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4795/2025 · 2025-06-09
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143204 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143204 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35079 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4795 of 2025 Applicant :- Rajput @ Raj Verma And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Raj Bahadur Singh Rawat,Durgesh Kumar Rawat,Nishant Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Counter affidavit as well as vakalatnama filed by Ms. Suman Kanoujia, Advocate 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. The instant application has been filed by the applicants praying as under:-
"To quash the entire criminal proceeding of Case No. 29813 of 2024 arising out of Case Crime No. 430 of 2017 u/s 323, 506 I.P.C. pending in the court of learned Special Chief Judicial Magistrate (Custom) Lucknow and impugned charge-sheet dated 30.03.2018."
4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 10.01.2025 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 03.03.2025. 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. The entire criminal proceeding of Case No. 29813 of 2024 arising out of Case Crime No. 430 of 2017 u/s 323, 506 I.P.C. pending in the court of learned Special Chief Judicial Magistrate (Custom) Lucknow and impugned charge-sheet dated 30.03.2018 are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. Order Date :- 9.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench