BRAJESH KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/9929/2025 · 2025-11-24
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188456 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188456 (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. - 9929 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Sri Himanshu Singh Patel, Advocate, is present on behalf of the opposite party Nos. 2 and 3 by filing his 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 no. 2 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing of the Impugned Charge Sheet No. 01 of 2023 dated 25.09.2023 arising out of First Information Report No. 0257 of 2023, under section-420, 406 of Indian Penal Code Police Station-Krishna Nagar, District-Lucknow, which has been filed before the Learned Additional Chief Judicial Magistrate VII, Lucknow, and entire criminal proceeding of Criminal Case No. 2084/2024 (State Versus Dileep Kumar Maurya & others) registered against applicants on the basis aforesaid impugned charge sheet, pending before Learned Additional Chief Judicial Magistrate VII, Lucknow, on the basis of compromise, which is contained ANNEXURE NO. 1&2 to this petition, on the basis of the compromise dated 22-08-2025 which has been duly verified by the trial court on the basis of order dated 24-09-2025. 4. Learned counsel for the applicants as well as learned counsel for opposite party No. 2 jointly submitted that vide order dated 08.09.2025 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 No.2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report dated 04.09.2025. 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. 7. Hon'ble Apex Court in catena of decisions has held that inherent power can be used Versus Counsel for Applicant(s) : Brijesh Kumar Verma, Aishwarya Verma Counsel for Opposite Party(s) : G.A., Himanshu Singh Patel Brajesh Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko.
And Another .....Opposite Party(s)
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 Impugned Charge Sheet No. 01 of 2023 dated 25.09.2023 arising out of First Information Report No. 0257 of 2023, under section-420, 406 of Indian Penal Code Police Station-Krishna Nagar, District-Lucknow, which has been filed before the Learned Additional Chief Judicial Magistrate VII, Lucknow, and entire criminal proceeding of Criminal Case No. 2084/2024 (State Versus Dileep Kumar Maurya & others) registered against applicants on the basis aforesaid impugned charge sheet, pending before Learned Additional Chief Judicial Magistrate VII, Lucknow, on the basis of compromise, which is contained ANNEXURE NO. 1&2 to this petition, are hereby quashed. November 24, 2025 A.Nigam A482 No. 9929 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench