BADASHAH KHAN @ SHABBU SHAH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/10755/2025 · 2025-12-18
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196752 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196752 (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. - 10755 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Vakalatnama filed by Shri Sadanand, 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 proceedings as well as cognizance order (contained as annexure no 1 to this petition) of Criminal Case "State Versus Sadakat Ulla and others", as well as may kindly pleased to quash the impugned charge sheet dated 03/08/2022 (contained as Annexure no 3 to this petition) arising out of Case Crime No. 254/2023, under sections-34/323/504/506/427 I.P.C. and 3(1)Da and 3(1)Dha SC/ST Act relating to Police Station- Kudhwar, District- Sultanpur, having Criminal Case "State Versus Sadakat Ulla and others", pending in the court of Learned court of Special Session Juge SC ST Act Sultanpur, on the basis of the verified compromise in the interest of law and justice."
4. Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 10.09.2024, 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. Versus Counsel for Applicant(s) : Priyam Mishra Counsel for Opposite Party(s) : G.A. Badashah Khan @ Shabbu Shah .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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
24.11.2025. 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 proceedings of Criminal Case, i.e, "State Versus Sadakat Ulla and others", and the impugned charge-sheet dated 03/08/2022 arising out of Case Crime No. 254/2023, under sections 34/323/504/506/427 I.P.C. and 3(1)Da and 3(1)Dha SC/ST Act, relating to Police Station- Kudhwar, District- Sultanpur, including entire proceedings in pursuance thereof, are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. December 18, 2025 Arpan A482 No. 10755 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench