SAURABH DIWAN AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
A482/10749/2025 · 2025-12-18
Rajeev Singh
body2025
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[ 2025 DAILYLAW 203433 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 203433 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10749 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Vakalatnama filed by Shri Ankur Yadav, Advocate on behalf of the opposite party Nos.2 and 3 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 nos.2 and 3 and perused the record. 3. This application has been filed with the following prayer:-
"To quash the impugned charge-sheet no. 37 of 2015 dated 11.04.2015 filed in Case No.40529 of 2015, arising out of F.I.R. No.0178/2014, u/s 323, 504, 506, 308 IPC, Police Station- Hasanganj, District- Lucknow and the order of cognizance dated 17.08.2015 passed by learned Judicial Magistrate-II, Lucknow by means of which the petitioners have been summoned to face trial."
4. Learned counsel for the applicants as well as learned counsel for opposite party Nos.2 and 3 jointly submitted that vide order dated 24.09.2025, 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 nos.2 and 3 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated Versus Counsel for Applicant(s) : Vineet Kumar Chaurasia Counsel for Opposite Party(s) : G.A. Saurabh Diwan And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s)
15.11.2025. 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. 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 impugned charge-sheet no. 37 of 2015 dated 11.04.2015 filed in Case No.40529 of 2015, arising out of F.I.R. No.0178/2014, u/s 323, 504, 506, 308 IPC, Police Station- Hasanganj, District- Lucknow and the order of cognizance dated 17.08.2015 passed by learned Judicial Magistrate-II, Lucknow including entire proceedings in pursuance thereof are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. December 18, 2025 Arpan A482 No. 10749 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench