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2025 DAILYLAW 176609 (ALL)

ABHISHEK AGNIHOTRI v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO. AND 2 OTHERS

NA528/1121/2025 · 2025-10-31

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1121 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application has been filed with the following prayer:- "To quash the impugned charge-sheet dated 28.12.2024 arising out of Case Crime No. 433 of 2024 u/s 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Sushant Golf City, District- Lucknow and summoning order dated 14.08.2025 including entire proceedings of Case No. 78746 of 2025 (State of U.P. Vs. Abhishek Agnihotri and Ors.)." 3. Learned counsel for the applicant has submitted that vide order dated 02.09.2025, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise. 4. Learned counsel for the applicant has submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 12.09.2025. 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 court concerned. Versus Counsel for Applicant(s) : Vaibhav Shukla Counsel for Opposite Party(s) : G.A. Abhishek Agnihotri .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And 2 Others .....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 impugned charge-sheet dated 28.12.2024 arising out of Case Crime No. 433 of 2024 (supra) and summoning order dated 14.08.2025 including entire proceedings of Case No. 78746 of 2025 (State of U.P. Vs. Abhishek Agnihotri and Ors.) are hereby quashed. 9. Office is directed to communicate this order to learned trial Court, forthwith. October 31, 2025 Arpan NA528 No. 1121 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench