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2025 DAILYLAW 195292 (ALL)

SHAVEZ MIRZA v. STATE OF U.P. DEPTT. OF HOME THRU. PRIN. SECY. LKO. AND 3 OTHERS

A482/9871/2025 · 2025-11-21

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9871 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Sri Anshuman, Advocate, is present on behalf of the opposite party Nos. 3 and 4 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 nos. 3 and 4 and perused the record. 3. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 3957/2017 having Case Crime No. 199/2017, State of Uttar Pradesh Versus Shavez Mirza under Sections 307, 323, 504, 506 I.P.C., Police Station Saadatganj, District Lucknow pending before the Learned Additional District and Session Judge-13/P.C.-8, Lucknow, vide compromise dated 11.12.2024. 4. Learned counsel for the applicant as well as learned counsel for opposite party Nos. 3 and 4 jointly submitted that vide order dated 24.09.2025 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 applicant and learned counsel for opposite party Nos. 3 and 4 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report dated 10.10.2025. 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) : Mohd. Murtaza Hasan, Sadiya Khan Counsel for Opposite Party(s) : G.A., Ba 2024 Shavez Mirza .....Applicant(s) State Of U.P. Deptt. Of Home Thru. Prin. Secy. Lko. And 3 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 and the proceedings of Case No. 3957/2017 having Case Crime No. 199/2017, State of Uttar Pradesh Versus Shavez Mirza under Sections 307, 323, 504, 506 I.P.C., Police Station Saadatganj, District Lucknow pending before the Learned Additional District and Session Judge- 13/P.C.-8, Lucknow, in respect of the applicant, are hereby quashed. November 21, 2025 A.Nigam A482 No. 9871 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench