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2025 DAILYLAW 146286 (ALL)

ABHISHEK KUMAR MISHRA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

A482/5020/2025 · 2025-06-13

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35550 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5020 of 2025 Applicant :- Abhishek Kumar Mishra Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Ayush Pratap Singh, Advocate on behalf of the opposite party Nos.2, 3 & 4 is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party nos. 2, 3 & 4 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed for quashing the impugned proceedings of Complaint Case No.107/2017 (Chaudhari vs. Abhishek Kumar Mishra), under Sections 323, 504, 506, 427, 354(Kha), 379 I.P.C. and Section 3 (1)(Da), (Dha) of SC/ST Act, Police Station- Ramkot, District Sitapur as well as summoning and cognizance order dated 22.11.2018 and Non-Bailable Warrant (N.B.W.) order dated 01.04.2025 pending before the court of Special Judge, S.C./S.T. Act, District Sitapur. 4. Learned counsel for the applicant as well as learned counsel for opposite party Nos.2, 3 & 4 jointly submitted that vide order dated 20.05.2025 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. 5. Learned counsel for the applicant and learned counsel for opposite party nos. 2, 3 & 4 jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 26.05.2025. 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 court concerned. 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 impugned proceedings of Complaint Case No.107/2017 (Chaudhari vs. Abhishek Kumar Mishra), under Sections 323, 504, 506, 427, 354(Kha), 379 I.P.C. and Section 3 (1((Da), (Dha) of SC/ST Act, Police Station- Ramkot, District Sitapur as well as summoning and cognizance order dated 22.11.2018 and Non-Bailable Warrant (N.B.W.) order dated 01.04.2025 pending before the court of Special Judge, S.C./S.T. Act, District Sitapur are hereby quashed. 10. Office is directed to communicate this order to trial court forthwith. Order Date :- 13.6.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench