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2025 DAILYLAW 176684 (ALL)

SANJAY GUPTA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

/3856/2025 · 2025-11-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3856 of 2025 Court No. - 33 HON'BLE MRS. BABITA RANI, J. 1. Learned counsel for the applicants filed supplementary affidavit with certified copy of order dated 30.05.2025 passed by learned court below and same is taken on record. 2. Heard Sri Shiv S.E. Chitambar, learned counsel for the applicants, learned AGA for the State of U.P., Shri Vipineshwar Upadhyay, learned counsel for the opposite party no. 2 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned charge sheet 11.04.2022 arising out of Case Crime No.184 of 2021 under Sections 498-A, 323, 504, 506 & 354 I.P.C. and 3/4 of Dowry Prohibition Act, P.S. Vikasnagar, District Lucknow as well as cognizance/summoning order dated 20.05.2023 passed by the learned Additional Chief Judicial Magistrate-IV, Lucknow, in Criminal Case No.58436 of 2023 in re: State vs. Sanjay Gupta and Others; including entire proceedings thereof in terms of compromise dated 12.04.2025, which is annexed as Annexure-4 to the application. 4. It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature and after the summoning of accused/applicants, parties entered into compromise. 5. Contention of learned counsel for the applicants is that in pursuance of order dated 06.05.2025, parties appeared before the learned trial court to get Versus Counsel for Applicant(s) : Shiv S.E. Chitambar Counsel for Opposite Party(s) : G.A., Vipineshwar Upadhyay Sanjay Gupta And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) the compromise dated 12.04.2025, a copy of which is Annexure-4 to the application, verified. However, due to some unavoidable reasons on 14.05.2025, parties could not appear and got the time extended by the Court for 30.05.2025. On 30.05.2025, both the parties appeared before learned trial court and agreed to get their respective disputes settled amicably in terms of compromise dated 12.04.2025, which is Annexure-4 to this petition. Learned trial court verified the compromise executed between the parties on 30.05.2025. Certified copy of order of learned trial court to this effect is on record. 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. Therefore, since matter has been settled between the parties amicably by way of compromise and same has been verified by learned trial court, hence, keeping in view of prayer made by the applicants, nothing survives in proceeding with the matter further. 8. Consequently, the charge sheet 11.04.2022 arising out of Case Crime No.184 of 2021 under Sections 498-A, 323, 504, 506 & 354 I.P.C. and 3/4 of Dowry Prohibition Act, P.S. Vikasnagar, District Lucknow as well as cognizance/summoning order dated 20.05.2023 passed by the learned Additional Chief Judicial Magistrate-IV, Lucknow, in Criminal Case No.58436 of 2023 in re: State vs. Sanjay Gupta and Others; including entire proceedings thereof, are hereby quashed. 9. Office is directed to communicate this order to trial court forthwith. November 27, 2025 Reena/- A482 No. 3856 of 2025 2 (Mrs. Babita Rani,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench