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2025 DAILYLAW 146672 (ALL)

ARVIND KUMAR TRIPATHI @ ARVIND MOHAN @ RAJA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/5087/2025 · 2025-06-17

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35701 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5087 of 2025 Applicant :- Arvind Kumar Tripathi @ Arvind Mohan @ Raja Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Rajendra Prasad Lodhi, Advocate on behalf of the opposite party nos.2 and 3 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 and 3 and perused the material available on record. 3. The instant application has been filed for quashing the entire proceeding of Criminal Case No.1202/2024 (State Vs. Arvind @ Arvind Mohan @ Raja), arising out of FIR/Case Crime No.0072 of 2023, under Sections 323, 504 I.P.C. & Section 3(1) (Da), 3(1)(Dha) of SC/ST Act, Police Station- Payagpur, District Bahraich, pending before the learned Special Judge SC/ST Act, Bahraich as well as charge sheet no.A-129/2023 dated 11.04.2023 as also summoning order dated 27.11.2024. 4. Learned counsel for the applicant as well as learned counsel for opposite party nos.2 and 3 jointly submitted that vide order dated 10.02.2025 passed by this Court in Application u/s 482 No.1203 of 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 and 3 jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 22.05.2025. 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 Criminal Case No.1202/2024 (State Vs. Arvind @ Arvind Mohan @ Raja), arising out of FIR/Case Crime No.0072 of 2023, under Sections 323, 504 I.P.C. & Section 3(1) (Da), 3(1)(Dha) of SC/ST Act, Police Station- Payagpur, District Bahraich, pending before the learned Special Judge SC/ST Act, Bahraich as well as charge sheet no.A-129/2023 dated 11.04.2023 as also summoning order dated 27.11.2024 are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. Order Date :- 17.6.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench