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2025 DAILYLAW 185880 (ALL)

SHASHIDHAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/7397/2025 · 2025-11-11

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7397 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. 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. 2. This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet no. 09/2023 dated 09.01.2023 under Sections 307, 323, 504, 506 I.P.C., Police Station-Salon, District Raebareli as well as all consequential proceedings arising out of Case No. 2359 of 2023. 3. Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 19.12.2024, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise. 4. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 09.05.2024 and the same is annexed as Annexure No. 5 to the petition. 5. 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. Versus Counsel for Applicant(s) : Veer Bahadur Yadav Counsel for Opposite Party(s) : G.A., Prem Narayan Sharma, Priyanka Jaiswal, Rajesh Kumar Shukla Shashidhar Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) 6. 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. 7. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of civil 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. 8. For the discussions made above, the present application is allowed and the charge-sheet no. 09/2023 dated 09.01.2023 under Sections 307, 323, 504, 506 I.P.C., Police Station-Salon, District Raebareli as well as all consequential proceedings arising out of Case No. 2359 of 2023 are hereby quashed. 9. Office is directed to communicate this order to learned trial Court, forthwith. November 11, 2025 Raj A482 No. 7397 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench