SHATISH CHANDRA MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/9704/2025 · 2025-11-17
Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172671 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9704 of 2025 Court No. - 31 HON'BLE ZAFEER AHMAD, J.
1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and learned counsel appearing for respondent no. 2. 2. The present application has been filed with a prayer to quash the entire proceedings of Criminal Case No. 2301874 of 2000 arising out of case crime no. 12 of 1991 under Sections 419, 420, 465, 467, 468 and 471 I.P.C., police station Tarabganj, district Gonda. 3. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 26.8.2025 passed in Application u/s 482 No. 6954 of 2025, the matter was sent before the court below for verification of the compromise deed. 4. It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 21.10.2025. The compromise deed is appended as Annexure 5 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicant. 5. Learned A.G.A. fairly concedes that compromise has been effected Versus Counsel for Applicant(s) : Karunakar Srivastava, Shiv Sinha Counsel for Opposite Party(s) : G.A. Shatish Chandra Mishra And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
between the parties and the same has duly been verified by the court below. 6. Hon'ble Apex Court, in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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. 7. In view of the aforesaid fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further. 8. For the discussions made above, the present application is allowed. 9.
Entire proceedings of Criminal Case No. 2301874 of 2000 arising out of case crime no. 12 of 1991 under Sections 419, 420, 465, 467, 468 and 471 I.P.C., police station Tarabganj, district Gonda are hereby quashed. 10. Office is directed to send a copy of this order to the court concerned, forthwith. November 17, 2025 kanhaiya A482 No. 9704 of 2025 2 (Zafeer Ahmad,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench