MAQSOOD ALI @ BABLU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/9600/2025 · 2025-12-03
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184641 (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. - 9600 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicants, learned AGA for the State of U.P., learned counsel for the opposite party no. 2 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 13.10.2014 issued by Judicial Magistrate, Court No.35, Lucknow in Criminal Case No.41635 of 2014 (State of U.P. vs. Maqsood Ali & ors) and impugned charge sheet no.66 of 2014 dated 05.07.2014 Police Station Aliganj, District Lucknow related to Crime No.438 of 2013, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act and further to direct the ACJM Lucknow to drop further proceeding of criminal case no. 2320 of 2014 (Smt. Rashida vs. Maqsood Ali & ors) under Section 12 D.V. Act, P.S. Aliganj, District Lucknow in the light of the settlement/agreement dated 21.11.2024. 3. It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This court vide order dated 14.5.2024 passed in Crl. Revision (D) No.98 of 2024 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 21.11.2024 between the parties, which is on record as Annexure 6 to this application. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para-7 of the settlement agreement dated 21.11.2024 which reads as under :
"7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to the matter involved in Criminal Revision (Defective) No.98 of 2024 (Maqsood Ali @ Babloo vs. state of U.P. and another) and all disputes and difference in this regard have been amicably settled by Versus Counsel for Applicant(s) : Mohammad Moqueem, Rehan Aziz Counsel for Opposite Party(s) : G.A. Maqsood Ali @ Bablu And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s)
the parties hereto through the process of Conciliation/mediation. In witness whereof the First Party and Second Party have signed this agreement with free will without any pressure, force and coercion with the help of the mediators."
4.
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. 5. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further. 6. Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 21.11.2024 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings as well as summoning order dated 13.10.2014 issued by Judicial Magistrate, Court No.35, Lucknow in Criminal Case No.41635 of 2014 (State of U.P. vs. Maqsood Ali & ors) and impugned charge sheet no.66 of 2014 dated 05.07.2014 Police Station Aliganj, District Lucknow related to Crime No.438 of 2013, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act as well as criminal case no. 2320 of 2014 (Smt. Rashida vs. Maqsood Ali & ors) under Section 12 D.V. Act, P.S. Aliganj, District Lucknow in the light of the settlement/agreement dated 21.11.2024 are hereby quashed. 7. Office is directed to communicate this order to trial court forthwith. December 3, 2025 Pks A482 No. 9600 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench