CHANDAN GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/7199/2025 · 2025-10-28
Rajeev Singh
body2025
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[ 2025 DAILYLAW 203739 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203739 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7199 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Supplementary affidavit has been filed on behalf of the applicants, which is taken on record. 2. Heard learned counsel for the applicants as also the learned A.G.A. for the State of U.P., and perused the record. 3. This application under Section 482 Cr.P.C. has been filed with the following prayer:
“For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No. 924 of 2013 "State Versus Chandan Gupta and others" arising out of Case Crime No. 172A of 2013 Under Sections 323/504/506 1.P.C. Police Station-Banthara, District-Lucknow pending in the Court of Special Chief Judicial Magistrate, Custom, Lucknow and impugned charge sheet dated 19.7.2013 contained in Annexure No.1 to the accompanying affidavit, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the Criminal Case No. 924. of 2013 "State Versus Chandan Gupta and others" arising out of Case Crime No. 172A of 2013 Under Sections 323/504/506 Versus Counsel for Applicant(s) : Mahesh Kumar Sharma Counsel for Opposite Party(s) : G.A., Rahul Yadav Chandan Gupta And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
Ι.P.C. Police Station-Banthara, District-Lucknow pending in the Court of Special Chief Judicial Magistrate, Custom, Lucknow, in the interest of justice. Any other order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case, may also be passed.”
4. Learned counsel for the applicants as well as learned AGA jointly submitted that vide order dated 01.09.2025 a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise. 5. Learned counsel for the applicants and the learned AGA jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 15.09.2025, which has been annexed as Annexure No. SA-1 to the supplementary affidavit filed today. 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 court concerned. 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 and A482 No. 7199 of 2025 2
the entire proceedings of the Criminal Case No. 924 of 2013 "State Versus Chandan Gupta and others" arising out of Case Crime No. 172A of 2013 Under Sections 323/504/506 1.P.C. Police Station-Banthara, District-Lucknow, pending in the Court of Special Chief Judicial Magistrate, Custom, Lucknow, and impugned charge sheet dated 19.7.2013 in the said case, are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. October 28, 2025 A.Nigam A482 No. 7199 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench