ZIAUDDIN AHMAD KHAN @ ZIAUDDIN KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/9056/2025 · 2025-12-05
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186830 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186830 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9056 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard. 2. This application has been filed with the following prayer:-
"To quash the impugned charge-sheet no.01/2022 dated 16-12-2022 alongwith entire criminal proceeding of the case no. 30344/2023 arising out of case crime no.212/2022, under Sections 377, 498A, 323, 504,506 IPC and section 3/4 D.P. Act against the applicant no.1 and under Sections 498A, 504 IPC and 3/4 D.P. Act against the applicant no.2, Police Station- Saadatganj, District- Lucknow pending before the concerned Judicial Magistrate (A.T.S), Lucknow, as contained in Annexure no.3 to this application on the basis of compromise dated 28-02-2025, which was verified on 12.08.2025."
3. It has been informed that vide order dated 10.03.2025, a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise. 4. It has also been informed that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated
12.08.2025. 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 trial court. Versus Counsel for Applicant(s) : Abrar Ali, Praveen Kumar Counsel for Opposite Party(s) : G.A. Ziauddin Ahmad Khan @ Ziauddin Khan And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....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 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. 8.
For the discussions made above, the present application is allowed. The impugned charge-sheet no.01/2022 dated 16.12.2022 and the entire criminal proceedings of the case no. 30344/2023 arising out of case crime no.212/2022, under Sections 377, 498A, 323, 504, 506 IPC and section 3/4 D.P. Act against the applicant no.1 and under Sections 498A, 504 IPC and 3/4 D.P. Act against the applicant no.2, Police Station- Saadatganj, District- Lucknow pending before the Judicial Magistrate (A.T.S), Lucknow are hereby quashed. 9. Office is directed to communicate this order to learned trial Court, forthwith. December 5, 2025 Arpan A482 No. 9056 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench