KADEER AHAMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LAL BAHADUR SHASTRI BHAWAN DIST. LKO. AND ANOTHER
A482/7454/2025 · 2025-11-17
Rajeev Singh
body2025
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[ 2025 DAILYLAW 196904 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 196904 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7454 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Supplementary affidavit filed by the learned counsel for the applicant 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 for the following relief:- A. SET-ASIDE the impugned order dated 03.11.2000 passed against the petitioner by the court of Additional Chief Judicial Magistrate 4th, Lucknow, taking cognizance and summoned the petitioners for their presence in the case bearing case no. 349 of 2000, under section 498-A, 323, 506 of IPC and 3/4 of The Dowery Prohibition Act, 1961, titled 'State versus Kadeer &Ors' which is annexed as Annexure no. -1 to this petition. B. QUASH the charge-sheet no. 01, dated 20.08.2000, in case crime no. 205 of 2000, under section498-A, 323, 506 of IPC and 3/4 of The Dowery Prohibition Act, 1961, Police Station- Thakurganj, District- Lucknow,and all consequential proceedings emanating therefrom, which is annexed as Annexure no. 2 to this petition. 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 12.09.2025 a direction was Versus Counsel for Applicant(s) : Mohd. Hanzala, Adarsh Pratap Singh Counsel for Opposite Party(s) : G.A., Anjali Singh, Aviral Singh, Prabhat Kadeer Ahamad And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lal Bahadur Shastri Bhawan Dist. Lko. And Another .....Opposite Party(s)
given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise. 5. 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/order dated 18.10.2025. 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 trial court. 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 and proceedings of case crime no. 205 of 2000, under section498-A, 323, 506 of IPC and 3/4 of The Dowery Prohibition Act, 1961, Police Station- Thakurganj, District- Lucknow are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. November 17, 2025 Anurag A482 No. 7454 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench