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2025 DAILYLAW 146323 (ALL)

SAURABH JAIN AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5017/2025 · 2025-06-13

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35558 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5017 of 2025 Applicant :- Saurabh Jain And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Abhishek Misra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.57218 of 2018 (State vs. Saurabh Jain and Another), arising out of Crime No.304/2017, under Sections 323, 354, 498-A I.P.C. and Sections 3/4 of D.P. Act, P.S. Chowk, District Lucknow, pending in the court of learned Special Additional Chief Judicial Magistrate (A.P.), Lucknow. 3. Learned counsel for the applicants and learned A.G.A. jointly submitted that the parties have entered into settlement agreement dated 04.12.2024 before the Mediation & Conciliation Centre Allahabad High Court, Lucknow and in paragraph G of the settlement agreement it has been categorically stated that it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal of civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto. 4. Learned A.G.A. has fairly conceded that settlement agreement has been arrived at between the parties before the Mediation Centre of this Court. 5. 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. 6. 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. 7. For the discussions made above, the present application is allowed and the entire proceedings of Case No.57218 of 2018 (State vs. Saurabh Jain and Another), arising out of Crime No.304/2017, under Sections 323, 354, 498-A I.P.C. and Sections 3/4 of D.P. Act, P.S. Chowk, District Lucknow, pending in the court of learned Special Additional Chief Judicial Magistrate (A.P.), Lucknoware, are hereby quashed. Order Date :- 13.6.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench