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2025 DAILYLAW 147335 (ALL)

SHAHBUDDIN (IN CHARGE SHEET SAHABUDDIN) AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/5189/2025 · 2025-06-20

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35987 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5189 of 2025 Applicant :- Shahbuddin (In Charge Sheet Sahabuddin) And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Subodh Kumar Pandey, Advocate on behalf of the opposite party No.2 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed with following prayer:- "To quash the impugned charge sheet dated 31.12.1994 vide Case Crime no.798/1994 Under Section 323, 504, 506, 452, 427 IPC, Police Station Kotwali City, District Sultanpur and the order of cognizance dated 31.05.1995 and summoning order dated 30.08.1997 passed by/pending in the court of learned Chief Judicial Magistrate, Court No.16, Sultanpur in Criminal Case No.2125/2019 "State Vs. Sahabuddin and another" and entire proceedings of the case passed in pursuance thereof, in the light of compromise dated 12.05.2025 arrived between the parties." 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 20.5.2025, 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 28.05.2025. 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 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 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. The impugned charge-sheet dated 31.12.1994 vide Case Crime no.798/1994 under Sections 323, 504, 506, 452, 427 IPC, Police Station- Kotwali City, District- Sultanpur and the order of cognizance dated 31.05.1995 as well as summoning order dated 30.08.1997 passed by/pending in the court of learned Chief Judicial Magistrate, Court No.16, Sultanpur in Criminal Case No.2125/2019 including entire proceedings in pursuance thereof are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. Order Date :- 20.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench