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2025 DAILYLAW 185407 (ALL)

DHEERENDRA KUMAR TRIPATHI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/12028/2023 · 2025-11-19

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 12028 of 2023 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned AGA for the State of U.P., learned counsel for the opposite party no. 2 and perused the record. 2. The present petition has been filed with the following praye:_ "This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 1837 of 2021; State Vs. Dheerendra Tripathi and others, arising out of Charge Sheet No. 227 of 2020 dated 14.07.2020 in pursuance of Case Crime No./ First Information Report No. 177 of 2020, Under Section 498 A, 323, I.P.C. and Section 3/4 D.P.Act relating to Police Station Sareni, District Raebareli as well as summoning order dated 23.02.2021 and bailable warrant 07.01.2023 passed by the learned Additional Civil Judge (J.D.) First, Raebareli, (contained as Annexure No.1 & 2), in the interest of law and justice." 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 24.01.2024 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 05.02.2024 between the parties, it is on record. 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- C of the settlement agreement dated 05.02.2024 Versus Counsel for Applicant(s) : Ravi Prakash Mishra, Abdul Shadab Khan, Alok Kumar Tripathi, Ram Suphal Counsel for Opposite Party(s) : G.A. Dheerendra Kumar Tripathi And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 05.02.2024 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire proceedings of Criminal Case No. 1837 of 2021; State Vs. Dheerendra Tripathi and others, arising out of Charge Sheet No. 227 of 2020 dated 14.07.2020 in pursuance of Case Crime No./ First Information Report No. 177 of 2020, Under Section 498 A, 323, I.P.C. and Section 3/4 D.P.Act relating to Police Station Sareni, District Raebareli are hereby quashed. 7. Office is directed to communicate this order to trial court forthwith. November 19, 2025 Anurag A482 No. 12028 of 2023 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench