Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 196755 (ALL)

NIKHIL SWAROOP DUBEY @ NIKHIL DUBEY AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/9893/2025 · 2025-11-21

Brij Raj 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. - 9893 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Sri Parvez Akhtar Khan, Advocate, is present on behalf of the opposite party No. 2 by filing his Vakalatnama, which is taken on record. 2. 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. 3. This application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing of the chargesheet in Case No. 44487 of 2024 initiated on the basis of the chargesheet No. 01 on 10.01.2024 arising out of Case Crime No. 0385 of 2023 under section -498-A, 323, 504, 506 I.P.C. and 3/4 D.P.Act, Police Station Madiyaon, District Lucknow, "State of U.P. Versus Nikhil Dubey & others" as well as summoning order dated 04.05.2024 passed by learned Judicial Magistrate -III, District Lucknow, contained as Annexure No. 1 and 2 to this petition, in respect of the applicants. 4. Learned counsel for the applicants and learned counsel for opposite party No.2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report dated 13.10.2025. 5. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court. Versus Counsel for Applicant(s) : Rajeev Prakash Saxena Counsel for Opposite Party(s) : G.A., Parvez Akhtar Khan Nikhil Swaroop Dubey @ Nikhil Dubey And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 chargesheet in Case No. 44487 of 2024 initiated on the basis of the chargesheet No. 01 on 10.01.2024 arising out of Case Crime No. 0385 of 2023 under section -498-A, 323, 504, 506 I.P.C. and 3/4 D.P.Act, Police Station Madiyaon, District Lucknow, "State of U.P. Versus Nikhil Dubey & others" as well as summoning order dated 04.05.2024 passed by learned Judicial Magistrate -III, District Lucknow, contained as Annexure No. 1 and 2 to this petition, in respect of the applicants, are hereby quashed. November 21, 2025 A.Nigam A482 No. 9893 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench