MOHD. KALAM @ ABDUL KALAM @ ABUL KALAM AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. AND ANOTHER
A482/8646/2025 · 2025-10-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196468 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196468 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8646 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant, learned AGA for the State of U.P., Sri Wasim Ahmad, Advocate who has filed his vakalatnama on behalf of 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 Criminal Case No. 1055 of 2018 (Registration No. 310111/2018)
"State Versus Mohd Kalam and others" arising out of Case Crime No. 111 of 2017 Under Sections 498-A,323,506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Talgaon, District-Sitapur pending in the Court of Additional Civil Judge (Senior Division), District- Sitapur and impugned charge sheet No.1 dated 4.4.2018 and impugned summoning
order dated 18.10.2018 contained in Annexure No.1 and 2 to this affidavit.
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 25.10.2024 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 21.01.2025 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. Versus Counsel for Applicant(s) : Pankaj Kumar Pandey Counsel for Opposite Party(s) : G.A. Mohd. Kalam @ Abdul Kalam @ Abul Kalam And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. And Another .....Opposite Party(s)
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 21.01.2025 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Criminal Case No. 1055 of 2018 (Registration No. 310111/2018) "State Versus Mohd Kalam and others" arising out of Case Crime No. 111 of 2017 Under Sections 498-A,323,506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Talgaon, District-Sitapur pending in the Court of Additional Civil Judge (Senior Division), District- Sitapur and impugned charge sheet No.1 dated 4.4.2018 and impugned summoning
order dated 18.10.2018 contained in Annexure No.1 and 2 to this affidavit are hereby quashed.
7. Office is directed to communicate this order to trial court forthwith. October 10, 2025 Anurag A482 No. 8646 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench