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2025 DAILYLAW 196677 (ALL)

SAGEER AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/5708/2025 · 2025-10-10

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5708 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., 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 entire proceedings of Case No. 52 of 2022; State Versus Sagir and others arising out of NCR No. 156 of 2015, Under Section- 323, 506 IPC at Police Station- Talgaon, District Sitapur, pending in the Court of Learned Additional Civil Judge (Senior Division) 4, Sitapur as well as impugned summoning order dated 12-01-2022 passed by Learned Court of Judicial Magistrate -I, Sitapur and Charge Sheet No. Nil of 2020 in NCR No. 153 of 2017, Under Section - 323, 506 I.P.C. at Police Station Talgaon, District Sitapur filed by investigating officer in the aforesaid NCR, on the basis of settlement agreement executed before the Mediation and Conciliation Center Allahabad High Court Lucknow dated 21- 01- 2025, as contained in Annexure no. 4 and 5 to this petition, in the interest of law and justice. 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) : Wasim Ahmad Counsel for Opposite Party(s) : G.A., Pankaj Kumar Pandey Sageer And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home 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 Case No. 52 of 2022; State Versus Sagir and others arising out of NCR No. 156 of 2015, Under Section- 323, 506 IPC at Police Station- Talgaon, District Sitapur, pending in the Court of Learned Additional Civil Judge (Senior Division) 4, Sitapur as well as impugned summoning order dated 12-01-2022 passed by Learned Court of Judicial Magistrate -I, Sitapur and Charge Sheet No. Nil of 2020 in NCR No. 153 of 2017, Under Section - 323, 506 I.P.C. at Police Station Talgaon, District Sitapur are hereby quashed. 7. Office is directed to communicate this order to trial court forthwith. October 10, 2025 Anurag A482 No. 5708 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench