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2025 DAILYLAW 197408 (ALL)

KUNWAR GYANENDRA SINGH BAIS AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

A482/6906/2025 · 2025-12-11

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6906 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard. 2. This application has been filed with the following prayer:- "To quash the entire proceedings of Criminal Case No. 9560/2024, arising out of Case Crime No. 5 of 2022 (State Vs Gyanendra Singh & Ors) under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Mahila Thana, District- Sultanpur." 3. It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. This court vide order dated 03.09.2025 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 22.09.2025. 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. The said fact has been mentioned in para- 7 of the settlement agreement dated 22.09.2025. 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 Versus Counsel for Applicant(s) : Kshitij Singh, Anurakt Singh Counsel for Opposite Party(s) : G.A., Bajrang Bahadur Singh Kunwar Gyanendra Singh Bais And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 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 22.09.2025 before the Mediation and Conciliation Centre of this Court, the present application is allowed. The entire proceedings of Criminal Case No. 9560/2024 arising out of Case Crime No. 5 of 2022 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Mahila Thana, District- Sultanpur are hereby quashed. 7. Learned counsel for the parties undertake that they will move appropriate application before the Family Court for preponing the case filed u/s 13-B of Hindu Marriage Act. It is expected from the Court concerned that in case such application is moved, same shall be considered and decided by preponing the matter in accordance with law. 8. Office is directed to communicate this order to trial court forthwith. December 11, 2025 Arpan A482 No. 6906 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench