DHEERENDRA SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/967/2025 · 2025-08-14
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157649 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157649 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47730 Court No. - 27 Case :- APPLICATION U/S 528 BNSS No. - 967 of 2025 Applicant :- Dheerendra Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Sri Sourabh Singh, Advocate filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed with following prayer:-
"To quash the impugned charge sheet No. 1 of 2024 filed in case crime No. 523 of 2024 under section 115 (2), 351 (2), 352 BNS police station Hargoun Sitapur, and against the cognizance order passed by court of chief judicial magistrate Sitapur on 27.02.2025 in CIS No. 14925/2025 (State Vs Dheerendra Singh & others), pending before court of chief judicial magistrate Sitapur, may kindly be quashed /decided in terms of compromise, between the opposite party No.2 and the petitioners they have entered in to compromise and they settled their dispute outside the Court."
4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 20.05.2025, 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 25.07.2025. 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 30.12.2024 filed in case crime No. 523 of 2024 under Sections 115 (2), 351 (2), 352 BNS, P.S.- Hargoun Sitapur and the cognizance order passed by court of C.J.M. Sitapur on 27.02.2025 in CIS No. 14925/2025 (State Vs Dheerendra Singh & others) including entire proceedings in pursuance thereof are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. Order Date :- 14.8.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench