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2025 DAILYLAW 174485 (ALL)

NAVNEET KUMAR TIWARI @ NEERAJ AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/9481/2025 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9481 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicant 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 for quashing the Case No.1397 of 2015, arising out of Case Crime No.77 of 2012, under sections 452, 323, 504, 506 IPC, pending before Civil Judge, (Junior Division), Court No.5, Gonda (State vs. Rakesh Tiwari and others). 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 12.11.2025, 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 21.11.2025. 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 and another 2003 (4) 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 Versus Counsel for Applicant(s) : Yogeshwar Sharan Srivastava Counsel for Opposite Party(s) : G.A., Umakant Yadav Navneet Kumar Tiwari @ Neeraj And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) useful purpose would be served in proceeding with the matter further. 9. For the discussions made above, the present application is allowed. The entire proceedings as well as Case No.1397 of 2015, arising out of Case Crime No.77 of 2012, under sections 452, 323, 504, 506 IPC, pending before Civil Judge, (Junior Division), Court No.5, Gonda (State vs. Rakesh Tiwari and others) are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. December 2, 2025 Pks A482 No. 9481 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench