NITESH SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3562/2024 · 2025-12-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178335 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178335 (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. - 3562 of 2024 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard Ms. Radha Gautam and Ms. Bhavya Upadhyay, learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the private respondent.
2. The present application has been filed with a prayer to quash the charge sheet dated 19.11.2019 as well as entire proceedings of Case Crime No. 312 of 2018, under Sections 323, 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Ashiyana, District Lucknow.
3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them, on the basis of which, a Divorce Petition bearing Regular Suit No. 19 of 2024 under Section 13-B of Hindu Marriage Act was filed by both the parties with mutual consent before the court below. It is further submitted that the court below vide order dated 06.08.2024 passed the decree of divorce. (Copy of the
order dated 06.08.2024 is annexed as Annexure SA 1 to the C.M. Application No. 3 of 2024 dated 16.11.2024. It is, thus, submitted that the 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 and, thus, no useful purpose would be served in proceeding with the matter any further.
4. Learned A.G.A. as well as learned counsel appearing for respondent no. 2 fairly concede that compromise has been effected between the parties and the Versus Counsel for Applicant(s) : Yashovardhan Swarup, Bhavya Upadhyay, Desh Deepak Singh Counsel for Opposite Party(s) : G.A., Jai Singh Chauhan Nitesh Singh And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
petition under Section 13B of Hindu Marriage Act has been decided on
06.08.2024.
Learned counsel for respondent no. 2 also submits that the impugned proceedings may be quashed, as the issue has been resolved between the parties .
5. 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.
6. In the present case, it is evident that the matter has been mutually settled between the parties and the petition under Section 13B of Hindu Marriage Act (Nitesh Singh Vs. Priyanka Singh) has been decided by Principal Judge, Family Court, Lucknow vide order dated 06.08.2024.
7. For the discussions made above, this Court is of the view that as now the parties do not want to pursue the case any further, no useful purpose would be served in proceeding with the matter any further.
8. The application stands allowed.
9. Charge sheet dated 19.11.2019 as well as entire proceedings of Case Crime No. 312 of 2018, under Sections 323, 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Ashiyana, District Lucknow are hereby quashed.
10. Office is directed to communicate this order to the trial court, forthwith. December 10, 2025 VKS A482 No. 3562 of 2024 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench