✦ Allahabad High Court · 28 Feb 2025

Rajesh Kumar Dubey And 2 Others v. State Of U.P. Thru. Addl. Chief Secy. Deptt

No. 1462 of 2025RAJEEV SINGH2 min read

Case at a glance

Provisions considered

Key paragraphs

  • Para 66. 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…
  • Para 88. For the discussions made above, the present application is allowed and entire proceedings of Criminal Case No.2458/2023, "State Vs. Rajesh Kumar Dubey and others" pending in the Court of Learned Civil Judge (Senior Division), F.T.C., Sultanpur arising out of NCR No. 04/2013 under section…

Judgment

1.

Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record.

2.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.2458/2023, "State Vs. Rajesh Kumar Dubey and others" pending in the Court of Learned Civil Judge (Senior Division), F.T.C., Sultanpur arising out of NCR No. 04/2013 under section 323, 504 I.P.C. police station - Karaundi Kala, District- Sultanpur and Charge-sheet dated 01.11.2013 filed in the aforesaid case.

3.

Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 15.01.2025, 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.

4.

Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 23.01.2025.

5.

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.

6.

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.

7.

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.

8.

For the discussions made above, the present application is allowed and entire proceedings of Criminal Case No.2458/2023, "State Vs. Rajesh Kumar Dubey and others" pending in the Court of Learned Civil Judge (Senior Division), F.T.C., Sultanpur arising out of NCR No. 04/2013 under section 323, 504 I.P.C. police station - Karaundi Kala, District- Sultanpur and Charge-sheet dated 01.11.2013 are hereby quashed. Order Date :- 28.2.2025 V. Sinha

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 323, 504.

Which court decided this case, and when?

Allahabad High Court, on 28 Feb 2025. The bench was RAJEEV SINGH.

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