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2025 DAILYLAW 180818 (ALL)

PRADEEP KUMAR AND ANOTHER v. STATE OF U.P THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 4 OTHERS

/9610/2025 · 2025-11-19

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9610 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Himanshu Shukla, Advocate on behalf of the complainant 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 complainant and perused the record. 3. This application has been filed with the following prayer:- "To quash the entire proceedings of Case No. 1121 of 2024 arising out of Case Crime No. 274 of 2024, under Sections 367, 376, 506 I.P.C. and 5/6 POCSO Act, Police Station- Ram Nagar, District- Barabanki, pending in the Court of learned Additional District & Session Judge/Special Judge, POCSO Act, Court No.44, District- Barabanki, on the basis of the compromise between the parties." 4. Learned counsel for the parties jointly submitted that vide order dated 25.06.2025, 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 parties jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 16.07.2025. 6. Learned A.G.A. has fairly conceded that compromise has been effected Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Pradeep Kumar And Another .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Lko. And 4 Others .....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. The entire proceedings of Case No. 1121 of 2024 arising out of Case Crime No. 274 of 2024, under Sections 367, 376, 506 I.P.C. and 5/6 POCSO Act, Police Station- Ram Nagar, District- Barabanki are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. November 19, 2025 Arpan A482 No. 9610 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench