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2025 DAILYLAW 199450 (ALL)

SMT. MAGALA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

/10725/2025 · 2025-12-18

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10725 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Pravin Kumar Verma, Advocate on behalf of the opposite party No.2 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 has been filed with the following prayer:- "To quash the entire proceedings of Session Case No.1582/2025, (State Versus Magala another), arising out of case crime no. 208/2024, under Section 366-A I.P.C., Police Station- Dewa, District- Barabanki, pending before the Additional Session Judge/F.T.C., Court No. 36, Barabanki, the impugned charge sheet dated 30.10.2024 which filed against the applicants and the impugned cognizance order dated 08.05.2025 passed by the court of Additional Chief Judicial Magistrate, Court No. 17, Barabanki." 4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 27.08.2025, 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 Versus Counsel for Applicant(s) : Bhola Singh Patel, Beant Singh Counsel for Opposite Party(s) : G.A. Smt. Magala And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) has duly been verified by the trial court vide report/order dated 04.09.2025. 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. The entire proceedings of Session Case No.1582/2025, (State Versus Magala another), arising out of case crime no. 208/2024, under Section 366-A I.P.C., Police Station- Dewa, District- Barabanki, pending before the Additional Session Judge/F.T.C., Court No. 36, Barabanki, the impugned charge sheet dated 30.10.2024 and the impugned cognizance order dated 08.05.2025 passed by the court of Additional Chief Judicial Magistrate, Court No. 17, Barabanki are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. December 18, 2025 Arpan A482 No. 10725 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench