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2025 DAILYLAW 146831 (ALL)

Pushpendra Prajapati and 2 Others v. STATE OF U.P. THRU. PRIN. SECY. HOME, LUCKNOW AND ANOTHER

A482/5099/2025 · 2025-06-17

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35704 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5099 of 2025 Applicant :- Pushpendra Prajapati And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Applicant :- Ashok Kumar,Chandra Prakash Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Muzammil Asad, Advocate on behalf of the opposite party no.2 is taken on record. Certified copy of verification is also taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.186 of 2022 filed in Case Crime No.153 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Bahraich as well as summoning order dated 19.10.2022 passed in Case No.19250 of 2022 (State Vs. Pushpendra Prajapati & others). 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 31.07.2024 passed by this Court in Application u/s 482 No.2605 of 2023 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 13.08.2024. 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 matrimonial 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 charge sheet no.186 of 2022 filed in Case Crime No.153 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Bahraich as well as summoning order dated 19.10.2022 passed in Case No.19250 of 2022 (State Vs. Pushpendra Prajapati & others) 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