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2025 DAILYLAW 190389 (ALL)

GIRISH KUMAR TIWARI @ GIRISH DUTT TIWARI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. U.P. LKO. AND ANOTHER

A482/7494/2025 · 2025-11-11

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7494 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 learned counsel for the applicants, 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 for quashing the cognizance order dated 03.06.2017 and charge-sheet no.224 of 2016 dated 10.07.2016 and entire proceedings of case no.1227 of 2017, crime no.299 of 2016, u/s 147, 324, 325, 336, 504 IPC, P.S. Kotwali Nagar, District- Gonda passed by Chief Judicial Magsitrate, Gonda. 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 09.09.2025, 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/order dated 18.09.2025, which is annexed as Annexure No. SA-1 to the supplementary affidavit. Versus Counsel for Applicant(s) : Adarsh Kumar Tripathi Counsel for Opposite Party(s) : G.A., Pankaj Kumar Shukla Girish Kumar Tiwari @ Girish Dutt Tiwari And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. U.P. Lko. And Another .....Opposite Party(s) 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 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 and cognizance order dated 03.06.2017 and charge-sheet no.224 of 2016 dated 10.07.2016 and entire proceedings of case no.1227 of 2017, crime no.299 of 2016, u/s 147, 324, 325, 336, 504 IPC, P.S. Kotwali Nagar, District- Gonda passed by Chief Judicial Magsitrate, Gonda are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. November 11, 2025 Raj A482 No. 7494 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench