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2025 DAILYLAW 188393 (ALL)

SAKIR @ SHAKIR AND 4 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 2 OTHERS

/9941/2025 · 2025-11-24

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9941 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Ms. Deeksha Jaiswal, Advocate, is present on behalf of the opposite party Nos. 2 and 3 by filing her Vakalatnama, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party nos. 2 and 3 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing of the charge sheet dated 20.02.2007, concerning Case Crime No.49 of 2007, under section 323, 504, 506 IPC, Police Station Makhi, district Unnao, as well as quashing of the impugned summoning order dated 13.03.2007, passed by the Learned Judicial Magistrate, Unnao in Case No. 8573 of 2022 against the applicant no. 1 to 4, and the summoning order dated 17.05.2010 against the applicant no.5 passed in the application under section 319 Cr.P.C. by Learned Additional Chief Judicial Magistrate, Court No.3, Unnao, parties State versus Sakir @ Shakir and others, pending in the court of Learned Judicial Magistrate, Safipur on the basis of amicable settlement with the opposite party no.2 & 3, in respect of the applicants. 4. Learned counsel for the applicants as well as learned counsel for opposite party Nos. 2 and 3 jointly submitted that vide order dated 13.10.2025 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 applicants and learned counsel for opposite party Nos.2 to 7 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report dated 06.11.2025. 6. 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) : Srees Kumar Srivastava Counsel for Opposite Party(s) : G.A., Deeksha Jaiswal Sakir @ Shakir And 4 Others .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others .....Opposite Party(s) 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 proceedings of charge sheet dated 20.02.2007, concerning Case Crime No.49 of 2007, under section 323, 504, 506 IPC, Police Station Makhi, district Unnao, as well as the summoning order dated 13.03.2007, passed by the Learned Judicial Magistrate, Unnao in Case No. 8573 of 2022 against the applicant no. 1 to 4, and the summoning order dated 17.05.2010 against the applicant no.5 passed in the application under section 319 Cr.P.C. by Learned Additional Chief Judicial Magistrate, Court No.3, Unnao, parties State versus Sakir @ Shakir and others, as also the entire proceedings of the said Case No. 8573 of 2022, pending in the court of Learned Judicial Magistrate, Safipur, are hereby quashed. November 24, 2025 A.Nigam A482 No. 9941 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench