VINOD MISHRA AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/9321/2025 · 2025-12-05
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186925 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186925 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9321 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard. 3. This application has been filed with the following prayer:-
"To set aside the entire criminal proceedings of Criminal Case No. 82283/2021 (State versus Vinod Mishra and others) pending in Court of learned Additional Chief Judicial Magistrate, Court No.05, Lucknow arising out of impugned summoning order dated 10.11.2021 as well as the impugned charge-sheet dated 22.01.2021 filed by the Investigating officer in Case Crime no. 650/2020, under section-323, 504, 506, 332, 353, 186, 342 I.P.C., pertaining to Police Station- Para, District- Lucknow."
4. Learned counsel for the parties jointly submitted that vide order dated 04.11.2025, 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. 5. Learned counsel for the parties jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 11.11.2025. 6. Learned A.G.A. has fairly conceded that compromise has been effected Versus Counsel for Applicant(s) : Virendra Pratap Rana, Jitendra Kumar Verma Counsel for Opposite Party(s) : G.A., Amar Singh Vinod Mishra And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
between the parties and the same has duly been verified by the trial 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 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. 9.
For the discussions made above, the present application is allowed. The entire criminal proceedings of Criminal Case No. 82283/2021 (State versus Vinod Mishra and others) pending in Court of learned Additional Chief Judicial Magistrate, Court No.05, Lucknow arising out of impugned summoning order dated 10.11.2021 and the impugned charge-sheet dated 22.01.2021 filed by the Investigating officer in Case Crime No. 650/2020, under Sections 323, 504, 506, 332, 353, 186, 342 I.P.C., pertaining to Police Station- Para, District- Lucknow are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. December 5, 2025 Arpan A482 No. 9321 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench