Naresh Kumar and Another v. State of U.P. thru Principal Secretary Home and another
A482/9856/2025 · 2025-11-21
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198633 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198633 (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. - 9856 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Sri Ashish Kumar Mishra, Advocate, is present on behalf of the opposite party No. 2. He submits that he has filed his Vakalatnama through online mode. 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 with the prayer to quash the Charge Sheet No. 01/2019, dated 30-09-2019 as well as cognizance order dated 14-01-2022 in Criminal Case No.-2545 of 2022, arising out of Case Crime No.- 89 of 2019, U/S- 498-A, 323, 504, 506, 494 I.P.C. & Section 3/4 of D.P. Act, Police Station-Ghazipur, District-Lucknow, (State of U.P. VS Sukesh Rajan and Others) pending before the Special Chief Judicial Magistrate (Custom), Lucknow, in terms of order dated 07-03-2025 in re; A-482 No. 1844 of 2025 (Naresh Rajan @Naresh Kumar and another Vs State of U.P. and another) in compliance of order dated 07-03-2025 the compromise dated 23-12-2024, which was duly verified by learned court below on order dated 18-04-2025 it relates of present applicants, which is contained as Annexure No. 1 & 2 to this application. 4. Learned counsel for the applicants as well as learned counsel for opposite party Nos. 3 and 4 jointly submitted that vide order dated 07.03.2024 a direction was given to the trial court to verify the factum of Versus Counsel for Applicant(s) : Satish Kumar Misra Counsel for Opposite Party(s) : G.A., Ashish Kumar Mishra Naresh Kumar And Another .....Applicant(s) State Of U.P. Thru Principal Secretary Home And Another .....Opposite Party(s)
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 Nos. 3 and 4 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report dated 18.04.2025. 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. Proceedings in pursuance of Charge Sheet No. 01/2019, dated 30-09-2019 as well as cognizance order dated 14-01-2022 in Criminal Case No.-2545 of 2022, arising out of Case Crime No.- 89 of 2019, U/S-498-A, 323, 504, 506, 494 I.P.C. & Section 3/4 of D.P. Act, Police Station-Ghazipur, District-Lucknow, (State of U.P. VS Sukesh Rajan and Others) pending before the Special Chief Judicial Magistrate (Custom), Lucknow, as also the entire proceedings of the said Criminal Case No.-2545 of 2022, in respect of the applicants herein, are hereby quashed. November 21, 2025 A.Nigam A482 No. 9856 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench