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2025 DAILYLAW 186026 (ALL)

MOHAMMAD ISRAR AND 3 OTHERS v. THE STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

/2710/2025 · 2025-12-04

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2710 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Avinash Pandey, Advocate on behalf of complainant-opposite party is taken on record. 2. In pursuance of the earlier order, the opposite party no. 4 is present along with Sub Inspector Mohd. Qadir, Police Station Dargah Sharif, District Bahraich. 3. Heard learned counsel for the applicants, learned AGA for the State of U.P., learned counsel for private opposite party no.4 and perused the record. 4. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet in Crime No.301 of 2023, Case No.0528 of 2025, under Sections 323, 504, 506, 354, 498-A IPC., and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act and Section 3/4 D.P. Act, Police Station Dargah Sharif, District Bahraich. 5. It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. This court vide order dated 11.03.2025 passed in Criminal Misc. Writ Petition No.2066 of 2025 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 27.08.2025 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-6 of the order dated 10.11.2025 passed in writ petition no.2066 of 2025. The settlement/agreement is of dated 27.8.2025. 6. Learned counsel for opposite party no.4 has also stated before this court that issues have already been resolved between the parties in the form of Versus Counsel for Applicant(s) : Mohd Jishan, Nikhil Dixit Counsel for Opposite Party(s) : G.A. Mohammad Israr And 3 Others .....Applicant(s) The State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) settlement/agreement dated 27.08.2025 before Mediation and Conciliation Centre of this 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 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. 9. Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 27.08.2025 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Crime No.301 of 2023, Case No.0528 of 2025, under Sections 323, 504, 506, 354, 498-A IPC., and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act and Section 3/4 D.P. Act, Police Station Dargah Sharif, District Bahraich are hereby quashed. 10. Office is directed to communicate this order to trial court forthwith. 11. Presence of the parties is hereby exempted. December 4, 2025 Pks A482 No. 2710 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench