Shadab Khan In Fir Mohd. Shadab And 2 Others v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko
Case at a glance
- Bench
- RAJEEV SINGH
Outcome
Allowed
For the discussions made above, the present application is allowed and the
Provisions considered
Key paragraphs
- Para 77. 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 99. For the discussions made above, the present application is allowed and the summoning order dated 20.09.2024 and entire proceedings of case no. NIL of 2024, crime no. 06 of 2024, u/s 323, 504, 506, 498-A IPC and 3/4 D. P. Act, P.S. Mahila Thana…
Judgment
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
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.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 20.09.2024 and entire proceedings of case no. NIL of 2024, crime no. 06 of 2024, u/s 323, 504, 506, 498-A IPC and 3/4 D. P. Act, P.S. Mahila Thana, District- Sitapur passed by learned Civil judge (J.D.)/F.T.C. (C.A.W) Sitapur, District Sitapur.
Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 08.09.2025 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.
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 17.09.2025, the same is annexed as Annexure No. S.A.-2 to the supplementary affidavit.
Learned A.G.A. has fairly conceded that compromise has been effected 2 A482 No. 7447 of 2025 between the parties and the same has duly been verified by the trial court.
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.
In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of matrimonial 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.
Operative part
For the discussions made above, the present application is allowed and the summoning order dated 20.09.2024 and entire proceedings of case no. NIL of 2024, crime no. 06 of 2024, u/s 323, 504, 506, 498-A IPC and 3/4 D. P. Act, P.S. Mahila Thana, District- Sitapur passed by learned Civil judge (J.D.)/F.T.C. (C.A.W) Sitapur, District Sitapur are hereby quashed.
Office is directed to communicate this order to learned trial Court, forthwith. November 11, 2025 Raj (Rajeev Singh,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: For the discussions made above, the present application is allowed and the
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.