ARJUN KUMAR BALMIKI @ ARJUN BALMIKI AND 8 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/10481/2025 · 2025-12-15
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DailyLaw.ai
[ 2025 DAILYLAW 173677 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173677 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10481 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Vakalatnama filed by Sri Akash Deep Shukla, Advocate on behalf of the opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, learned AGA 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 for quashing the entire criminal proceedings of Criminal Case No.24184 of 2024 (State vs. Arjun Balmiki and ors) arising our of Case Crime No.728 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Kotwali Nagar, District Gonda pending in the court of Chief Judicial Magistrate, Gonda as well as charge sheet dated 4.12.2023 in the light of the settlement /agreement dated 8.8.2025. 4. It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. This court vide order dated 17.10.2024 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 18.8.2025 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to Versus Counsel for Applicant(s) : Amitabh Banerjee, Beebhu Banerjee, Nidhi Gupta Counsel for Opposite Party(s) : G.A. Arjun Kumar Balmiki @ Arjun Balmiki And 8 Others .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
withdraw the cases going on between them. The said fact has been mentioned in para 6 of the settlement agreement dated 18.8.2025. 5. 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. 6.
In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further. 7. Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 22.04.2019 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Criminal Case No.24184 of 2024 (State vs. Arjun Balmiki and ors) arising our of Case Crime No.728 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Kotwali Nagar, District Gonda pending in the court of Chief Judicial Magistrate, Gonda as well as charge sheet dated 4.12.2023 in the light of the settlement/agreement dated 8.8.2025 are hereby quashed. December 15, 2025 Pks A482 No. 10481 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench