BABADEEN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DPTT. OF HOME LKO. AND 4 OTHERS
A482/5055/2025 · 2025-06-16
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146604 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146604 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35633 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5055 of 2025 Applicant :- Babadeen And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dptt. Of Home Lko. And 4 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Shri Dileep Singh, Advocate on behalf of the opposite party Nos.2 to 5 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 to 5 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Criminal Case No.3256 of 1998; State vs Om Prakash and others, arising out of Case Crime No.357 of 1998, under Sections 467, 468, 420, 471 I.P.C. at Police Station Colonelganj, District Gonda as well as charge sheet dated 26.07.1998 and impugned cognizance/summoning order dated 15.10.1998 passed by learned Chief Judicial Magistrate, District Gonda. 4. Learned counsel for the applicant as well as learned counsel for opposite party Nos.2 to 5 jointly submitted that vide order dated 24.02.2025 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 to 5 jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 21.03.2025. 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 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 the proceedings of Criminal Case No.3256 of 1998; State vs Om Prakash and others, arising out of Case Crime No.357 of 1998, under Sections 467, 468, 420, 471 I.P.C. at Police Station Colonelganj, District Gonda as well as charge sheet dated 26.07.1998 and impugned cognizance/summoning
order dated 15.10.1998 passed by learned Chief Judicial Magistrate, District Gonda, are hereby quashed.
10. Office is directed to communicate this order to learned Chief Judicial Magistrate concerned, forthwith.
Order Date :- 16.6.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench