Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 203813 (ALL)

VIKRANT SINGH @ VIKRANT SINGH KUSHWAHA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/7122/2025 · 2025-10-28

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7122 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Supplementary affidavit has been filed on behalf of the applicant, which is taken on record. 2. Heard learned counsel for the applicant 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: “IT IS FURTHER PRAYED that this Hon'ble Court may kindly be pleased to quash the impugned Chargesheet vide Case No. 32423 / 2023, titled as the State of U.P. versus Vikrant Singh, arising out from FIR/Crime No. 478 / 2022, U/s 353 354 / 354(A) I.P.C., relating to P.S.-Vibhutikhand, District-Lucknow. IT IS FURTHER PRAYED that the impugned Cognizance Order dated 06-04-2025, passed by the Court of Chief Judicial Magistrate, Lucknow may kindly be ordered to be quashed. IT IS FURTHER PRAYED THAT during pendency of the instant Application under Section 482 Cr.P.C. (Now Section 528 B.N.S.S., 2023) the proceedings of Chargesheet vide Case No. 32423/2023, titled as the State of U.P. versus Vikrant Singh, arising out from FIR / Crime No. 478/2022, U/s Versus Counsel for Applicant(s) : Pranshu Agrawal, Mohan Lal Counsel for Opposite Party(s) : G.A. Vikrant Singh @ Vikrant Singh Kushwaha .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) 353/354/354(A) I.P.C., relating to P.S.-Vibhutikhand, District- Lucknow may kindly be stayed. IT IS FURTHER PRAYED that any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also kindly be granted to the Applicants.” 4. Learned counsel for the applicant 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 applicant 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 11.09.2025, which has been annexed as Annexure No. SA-3 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 Chargesheet in Case No. 32423 / 2023, titled as 'the State of U.P. A482 No. 7122 of 2025 2 versus Vikrant Singh', arising out from FIR/Crime No. 478 / 2022, U/s 353 354 / 354(A) I.P.C., relating to P.S.-Vibhutikhand, District- Lucknow, and the entire proceeding of the said Case No. 32423 / 2023, are hereby quashed. 10. Office is directed to communicate this order to learned trial Court, forthwith. October 28, 2025 A.Nigam A482 No. 7122 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench