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2025 DAILYLAW 196015 (ALL)

SHUBHAM TRIPATHI AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND ANOTHER

A482/5912/2024 · 2025-11-21

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5912 of 2024 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. 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. 2. This application under Section 482 Cr.P.C. has been filed for quashing of the order of cognizance and summoning, dated 20.05.2024, passed by the Learned Chief Judicial Magistrate, Hardoi, as well as the further proceedings of the Case No. 20166/2024, and the Chargesheet No. 635/2023, dated 19.10.2023, and 635A/2023, dated 05.11.2023, pertaining to the Case Crime No. 523/2023, U/s. 420, 498-A, 376, 323, 506 IPC, Police Station - Kotwali City, District - Hardoi, to prevent the abuse of the process of the court and to secure the ends of justice in the interest of law and justice. A certified copy of the impugned order of cognizance and summoning, dated 20.05.2024, and the impugned Chargesheet No. 635/2023, dated 19.10.2023, and 635A/2023, dated 05.11.2023, are annexed herewith as Annexure No. 1 and 2, respectively. 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 03.07.2025 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 30.10.2025 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases Versus Counsel for Applicant(s) : Dhananjay Kumar Singh, Reetesh Kumar Srivastava Counsel for Opposite Party(s) : G.A., Arunendra Nath Mishra, Sandhya Devi Shubham Tripathi And 5 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another .....Opposite Party(s) going on between them. 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 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 30.10.2025 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings Case Crime No. 523/2023, U/s. 420, 498-A, 376, 323, 506 IPC, Police Station - Kotwali City, District - Hardoi are hereby quashed. 7. Office is directed to communicate this order to trial court forthwith. November 21, 2025 Anurag A482 No. 5912 of 2024 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench