JITENDRA KUMAR YADAV @ JITENDRA YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. GOVT. LKO. AND 2 OTHERS
A482/9214/2025 · 2025-11-03
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176871 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9214 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Vakalatnama filed by Shri Awadhesh Kumar Mishra and Shri Akhtar Suhail, Advocates on behalf of respondent nos. 2 and 3 is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and learned counsel appearing for respondent nos. 2 and 3. 3. The present application has been filed with a prayer to quash the charge sheet dated 17.01.2012, summoning order dated 01.03.2012 passed in Case No. 446 of 2012 arising out of Case Crime No. 11 of 2012, under Sections 323, 509, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, P.S. Sarojani Nagar, District Lucknow as well as its entire proceedings. 4. Learned counsel for the applicant and learned counsel for opposite party nos. 2 and 3 jointly submit that in pursuance of the earlier order dated 15.09.2025 passed in Application u/s 482 No. 7811 of 2025, the matter was sent before the court below for verification of the compromise deed. 5. It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated Versus Counsel for Applicant(s) : Sunil Kumar Yadav, Dheeraj Kumar Yadav, Vivek Tiwari Counsel for Opposite Party(s) : G.A. Jitendra Kumar Yadav @ Jitendra Yadav .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Govt. Lko. And 2 Others .....Opposite Party(s)
24.09.2025. The compromise deed is appended as Annexure 2 to the application, which goes to show that respondent nos. 2 and 3 do not want to prosecute the applicant. 6. Learned A.G.A. fairly concedes that compromise has been effected between the parties and the same has duly been verified by the court below. 7. Hon'ble Apex Court, in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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 fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further. 9. For the discussions made above, the present application is allowed. 10. Charge sheet dated 17.01.2012, summoning order dated 01.03.2012 passed in Case No. 446 of 2012 arising out of Case Crime No. 11 of 2012, under Sections 323, 509, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, P.S. Sarojani Nagar, District Lucknow as well as its entire proceedings are hereby quashed. 11. Office is directed to send a copy of this order to the court concerned, forthwith. November 3, 2025 VKS A482 No. 9214 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench