SHIV BALAK @ ARVIND KUMAR YADAV AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/8890/2025 · 2025-10-16
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201851 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201851 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8890 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Vakalatnama filed by Shri Sushil Kumar Singh, Advocate on behalf of respondent no. 2 is taken on record. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and learned counsel appearing for respondent no. 2. 3. The present application has been filed with a prayer to quash the entire proceedings of Criminal Case No. 2102607 of 2007 arising out of Case Crime No. 217 of 2007, under Sections 363, 366 I.P.C. pending in the Court of II Additional Chief Judicial Magistrate, Sitapur. 4. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 25.08.2025 passed in Application u/s 482 No. 6915 of 2025, the matter was sent before the court below for verification of the compromise deed. 5. It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated
02.09.2025. The compromise deed is appended as Annexure 2 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants. Versus Counsel for Applicant(s) : Manushresth Misra Counsel for Opposite Party(s) : G.A. Shiv Balak @ Arvind Kumar Yadav And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
6. Learned A.G.A. fairly concedes that compromise has been effected between the parties and the same has duly been verified by the court below. 7. Hon'ble Apex Court, in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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 fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further. 9.
For the discussions made above, the present application is allowed. 10. entire proceedings of Criminal Case No. 2102607 of 2007 arising out of Case Crime No. 217 of 2007, under Sections 363, 366 I.P.C. pending in the Court of II Additional Chief Judicial Magistrate, Sitapur are hereby quashed. 11. Office is directed to send a copy of this order to the court concerned, forthwith. October 16, 2025 VKS A482 No. 8890 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench