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2025 DAILYLAW 202054 (ALL)

SANDEEP KUSHWAHA AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME SECTT. LKO. AND ANOTHER

A482/8887/2025 · 2025-10-16

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8887 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 2. The present application has been filed with a prayer to quash the charge sheet dated 01.02.2025 as well as summoning order dated 16.04.2025 passed in Criminal Case No. 32529 of 2025 arising out of F.I.R. No. 674 of 2023, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Sushan Golf City, District Lucknow as well as its entire proceedings. 3. Learned counsel for the applicants submits that in pursuance of the earlier order dated 21.08.2025 passed in Application u/s 482 No. 6835 of 2025, the matter was sent before the court below for verification of the compromise deed. 4. It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 15.09.2025. The compromise deed is appended as Annexure 6 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants. 5. 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. Versus Counsel for Applicant(s) : Gyaneshwar Prasad Pandey Counsel for Opposite Party(s) : G.A. Sandeep Kushwaha And 2 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Sectt. Lko. And Another .....Opposite Party(s) 6. 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. 7. 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. 8. For the discussions made above, the present application is allowed. 9. Charge sheet dated 01.02.2025 as well as summoning order dated 16.04.2025 passed in Criminal Case No. 32529 of 2025 arising out of F.I.R. No. 674 of 2023, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Sushan Golf City, District Lucknow as well as its entire proceedings are hereby quashed. 10. Office is directed to send a copy of this order to the court concerned, forthwith. October 16, 2025 VKS A482 No. 8887 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench