Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 196041 (ALL)

SHIVAM MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/10762/2025 · 2025-12-18

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10762 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Krishna Mohan Srivastava, Advocate on behalf of the opposite party No.2 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 has been filed with the following prayer:- "To quash the entire criminal proceeding of the Case No. 2542 of 2022 "State Versus Shivam Mishra" arising out of F.I.R. No. 0523 of 2019 under Section 498A, 323, 504, 506 IPC and section 3/4 Dowry Prohibition Act, Police Station Gazipur, District- Lucknow, pending before Special Chief Judicial Magistrate (Custom), Lucknow, including the chargesheet No. 01 of 2020 dated 10.6.2020, as contained in Annexure No. 2 to this petition." 4. Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 17.10.2025, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise. 5. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated Versus Counsel for Applicant(s) : Pradeep Kumar Tripathi Counsel for Opposite Party(s) : G.A. Shivam Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 14.11.2025. 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 court concerned. 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. The entire criminal proceeding of the Case No. 2542 of 2022 "State Versus Shivam Mishra" arising out of F.I.R. No. 0523 of 2019 under Section 498A, 323, 504, 506 IPC and section 3/4 Dowry Prohibition Act, Police Station Gazipur, District- Lucknow, pending before Special Chief Judicial Magistrate (Custom), Lucknow and the charge-sheet No. 01 of 2020 dated 10.6.2020 are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. December 18, 2025 Arpan A482 No. 10762 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench