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2025 DAILYLAW 185145 (ALL)

MUSKAN ARYA @ RUQAYA BANO v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/10486/2025 · 2025-12-11

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10486 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Balkeshwar Srivastava, Advocate on behalf of the opposite party No.2 is taken on record. 2. Heard learned counsel for the applicant, 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 has been filed with the following prayer:- "To quash the criminal proceeding of Case No. 38500/2020 (State Vs Muskan Arya @ Rukkaiya Bano) pending before the learned court of C.J.M., Lucknow, arising out of charge sheet no.01/2020 dated 02.03.2020 filed in Case Crime No. 05/2020, U/s 323, 504 and 506 I.P.C., Police Station- Vibhuti Khand, District- Lucknow and summoning order dated 05.10.2020 (Annexure No.-3) on the basis of compromise." 4. Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 13.06.2024, a direction was given to the court concerned to verify the factum of compromise executed by the parties. 5. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that both the parties have entered into compromise, which has been verified by the court concerned vide report/order dated 04.10.2024 in relation to the applicant and the private respondent. Versus Counsel for Applicant(s) : Jalaj Kumar Gupta Counsel for Opposite Party(s) : G.A. Muskan Arya @ Ruqaya Bano .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court concerned. 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 criminal proceedings of Case No. 38500/2020 (State Vs Muskan Arya @ Rukkaiya Bano) pending before the learned court of C.J.M., Lucknow, arising out of charge sheet no.01/2020 dated 02.03.2020 filed in Case Crime No. 05/2020, U/s 323, 504 and 506 I.P.C., Police Station- Vibhuti Khand, District- Lucknow and summoning order dated 05.10.2020 are hereby quashed in relation to the applicant only. 10. Office is directed to communicate this order to learned trial Court, forthwith. December 11, 2025 Arpan A482 No. 10486 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench