SANJAY SINGH AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME AND ANOTHER
A482/9545/2025 · 2025-12-05
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186439 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186439 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9545 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. It is evident from the record that the notice was issued to respondent no. 2 and the same has already been served on her, but none has put in appearance on her behalf. Therefore, the application is being decided with the assistance of learned counsel for the applicants and learned A.G.A.
2. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 1330 of 2005 (940/16/12), under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District Balrampur. 3. Learned counsel for the applicants submits that the prosecution in question is based on the matrimonial dispute in between the applicant no. 1 and respondent no. 2. It is further submitted that the matter was referred to Mediation & Conciliation Center of this Court in pursuance of the earlier orders passed in Crl. Misc. Case Nos. 965 of 2008 and 2440 of 2008 and the issues in between the parties have been settled on 05.01.2009 and the compromise executed was made part of the settlement agreement, which was signed before the Mediation & Conciliation Center. It is further submitted that it was also decided in between the parties that Case No. 1330 of 2005 (940/16/12), under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District Balrampur pending before the competent court will not be pursued. It is, thus, submitted that the matter may be decided in terms of Versus Counsel for Applicant(s) : Kuldeep Bajpai, Shreyansh Counsel for Opposite Party(s) : G.A. Sanjay Singh And Another .....Applicant(s) State Of U.P. Thru. Secy. Home And Another .....Opposite Party(s)
the settlement agreement dated 05.01.2009 and the impugned proceedings may be quashed. 4. It is evident from the report of the Mediation Center dated 05.01.2009 that respondent no. 2 does not want to prosecute the applicants and both the parties have settled their disputes and arrived at an amicable settlement. 5. Learned A.G.A. fairly concedes that compromise has been effected between the parties before the Mediation Center of this Court. 6. Hon'ble Apex Court, in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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 fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further. 8. For the discussions made above, the present application is allowed. 9. Entire proceedings of Case No. 1330 of 2005 (940/16/12), under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District Balrampur are hereby quashed. 10. Office is directed to send a copy of this order to the court concerned, forthwith. December 5, 2025 VKS A482 No. 9545 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench