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2025 DAILYLAW 198664 (ALL)

SHYAMU @ BRIJESH KUMAR TRIPATHI AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/10719/2025 · 2025-12-19

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10719 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Vishwas Shukla, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the prayer to quash the proceedings of criminal case as ST No.874 of 2014, Crime No. 103 of 2001, under section 307 IPC and Section 3 (2) (v) SC/ST Act, P.S. Atariya, District Sitapur (State vs. Girja Shankar and another) pending before Special Judge, SC/ST Act, Sitapur on the basis of compromise. 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 19.9.2025, a direction was 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 06.11.2025. 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 trial court. Versus Counsel for Applicant(s) : Ram Kumar Singh Counsel for Opposite Party(s) : G.A. Shyamu @ Brijesh Kumar Tripathi And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home 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 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 entire criminal proceedings of criminal case as ST No.874 of 2014, Crime No. 103 of 2001, under section 307 IPC and Section 3 (2) (v) SC/ST Act, P.S. Atariya, District Sitapur (State vs. Girja Shankar and another) pending before Special Judge, SC/ST Act, Sitapur on the basis of compromise are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. December 19, 2025 Pks A482 No. 10719 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench