ASHISH KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/9466/2025 · 2025-11-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177442 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177442 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9466 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Vakalatnama filed by Shri Shubham Pratap Singh and Avinash Pratap Singh, Advocates on behalf of the opposite party No.2 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 summoning order dated 24.11.2022 and charge-sheet dated 13.08.2022 and entire proceedings of case no.115818 of 2022, crime no.68 of 2022, u/s 323, 504, 506, 498-A IPC, P.S. Gazipur, District- Lucknow passed by Special Chief Judicial Magsitrate (Custom), Lucknow. 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 17.09.2025 passed in Application under Section 482 CrPC No. 7898 of 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 26.09.2025
6. Learned A.G.A. has fairly conceded that compromise has been effected Versus Counsel for Applicant(s) : Istekhaf Counsel for Opposite Party(s) : G.A. Ashish Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
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, (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. 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 useful purpose would be served in proceeding with the matter further. 9. For the discussions made above, the present application is allowed and the summoning order dated 24.11.2022 and charge-sheet dated 13.08.2022 and entire proceedings of case no.115818 of 2022, crime no.68 of 2022, u/s 323, 504, 506, 498-A IPC, P.S. Gajipur, District- Lucknow passed by Special Chief Judicial Magsitrate (Custom), Lucknow are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. November 13, 2025 Raj A482 No. 9466 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench