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2025 DAILYLAW 188833 (ALL)

VIJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/10374/2024 · 2025-12-09

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10374 of 2024 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 23.3.2024, summoning order dated 07.6.2024, passed by Civil Judge (JD), FTC (Crime against Women), District Unnao relating to FIR No./Case Crime No.850 of 2023, under Sctions 498-A, 323, 506 IPC and Section 3/4 D.P. Act, P.S. Kotwali, District Unnao as well as entire criminal proceedings of Case No.596 of 2024 (State vs. Vijay Kumar and ors). 3. It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This court vide order dated 28.11.2025 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 08.12.2025 between the parties, which is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para-6 of the settlement agreement dated 08.12.2025. 4. 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 Versus Counsel for Applicant(s) : Amar Singh, Aakash Srivastava, Apoorv Srivastava Counsel for Opposite Party(s) : G.A., Dheerendra Kumar Yadav, Pramod Kumar Yadav Vijay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) process of ending the criminal proceedings where the settlement is arrived at between the parties. 5. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further. 6. Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 08.2.2025 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Case No.596 of 2024 (State vs. Vijay Kumar and ors), charge sheet dated 23.3.2024, summoning order dated 07.6.2024, passed by Civil Judge (JD), FTC (Crime against Women), District Unnao relating to FIR No./Case Crime No.850 of 2023, under Sctions 498-A, 323, 506 IPC and Section 3/4 D.P. Act, P.S. Kotwali, District Unnao are hereby quashed. 7. Office is directed to communicate this order to trial court forthwith. December 9, 2025 Pks A482 No. 10374 of 2024 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench