JHABBAR @ SHIVAJI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO. AND 4 OTHERS
A482/9325/2025 · 2025-12-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203127 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203127 (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. - 9325 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Supplementary affidavit filed by the learned counsel for the applicants is also 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 nos. 2 to 5. 3. The present application has been filed with a prayer to quash the charge sheet dated 07.07.2020 as well as summoning order dated 22.01.2021 passed in Criminal Case No. 181 of 2021 arising out of F.I.R. No. 226 of 2020, under Sections 323, 308, 504 I.P.C., P.S. Nawabganj, District Gonda and its entire proceedings. 4. Learned counsel for the applicants and learned counsel for opposite party nos. 2 to 5 jointly submit that in pursuance of the earlier order dated 04.11.2025 passed in the present case, 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 04.12.2025 (annexed as Annexure SA 1 to the supplementary affidavit). The compromise deed is appended as Annexure 3 to the application, which goes to show that respondent nos. 2 to 5 do not Versus Counsel for Applicant(s) : Pankaj Verma Counsel for Opposite Party(s) : G.A., Amritansh Mohan Jhabbar @ Shivaji And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And 4 Others .....Opposite Party(s)
want to prosecute the applicants. 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. Charge sheet dated 07.07.2020 as well as summoning order dated 22.01.2021 passed in Criminal Case No. 181 of 2021 arising out of F.I.R. No. 226 of 2020, under Sections 323, 308, 504 I.P.C., P.S. Nawabganj, District Gonda and its entire proceedings are hereby quashed. 11. Office is directed to send a copy of this order to the court concerned, forthwith. December 10, 2025 VKS A482 No. 9325 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench