NITISH AGARWAL AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/9581/2025 · 2025-11-19
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175657 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175657 (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. - 9581 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the parties. 2. This application has been filed with the following prayer:-
"(i) To quash the chargesheet dated 18.01.2020 and Summoning Order dated 28.02.2020 issued by the Additional Chief Judicial Magistrate, Court No.48, Barabanki in F.I.R. No. 0006/2019, dated 02/05/2019, u/s 498A, 323, 504, 506, 420 I.P.C & 3/4 D.P. Act, P.S.- Mahila Thana, District Barabanki, pending in the court of Additional Chief Judicial Magistrate, Barabanki. (ii) To quash the entire proceedings of Case No. 168/2024 (State of U.P V/s Nitish Agarwal & Others)."
3. Learned counsel for the parties jointly submitted that vide order dated 28.02.2025, 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. 4. Learned counsel for the parties jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 18.10.2025. 5. 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. Versus Counsel for Applicant(s) : Swatantra Lata Yadav, Madhukar Singh Counsel for Opposite Party(s) : G.A., Sandeep Kumar Rawat Nitish Agarwal And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
6. 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. 7. 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. 8. For the discussions made above, the present application is allowed.
The charge-sheet dated 18.01.2020, summoning order dated 28.02.2020 issued by the Additional Chief Judicial Magistrate, Court No.48, Barabanki in F.I.R. No. 0006/2019 u/s 498A, 323, 504, 506, 420 I.P.C & 3/4 D.P. Act, P.S.- Mahila Thana, District Barabanki and the entire proceedings of Case No. 168/2024 (State of U.P. Vs. Nitish Agarwal & Others) are hereby quashed. 9. Office is directed to communicate this order to learned trial Court, forthwith. November 19, 2025 Arpan A482 No. 9581 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench