Allahabad High Court

CIVIL APPEAL 692 of 2015 on 10 September 2016

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 8634 of 2025

Smt. Saroj Gaur @ Saroj Kashyap

.....Applicant(s).....Opposite Party(s)

Versus

State Of U.P. Thru. Secy. Lko. And Another Court No. - 14

HON'BLE RAJEEV SINGH, J.

1. Vakalatnama filed by Sri Mohd. Saboor Kamran, Advocate on behalf of the opposite party no.2 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 no. 2 and perused the record.

3. This application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 10.9.2016 including the summoning order dated 26.11.2016 arising out of Case Crime No.605 of 2015 under Section 420, 506 I.P.C., P.S. Thakurganj, District Lucknow pending in the Court of learned A.C.J.M.-V, Lucknow as Case No.692 of 2015.

4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 14.8.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned court below verify the contents of compromise and it was duly verified.

5. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 9.9.2025.

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 court below.

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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 impugned charge sheet dated 10.9.2016 including the summoning order dated 26.11.2016 arising out of Case Crime No.605 of 2015 under Section 420, 506 I.P.C., P.S. Thakurganj, District Lucknow pending in the Court of learned A.C.J.M.-V, Lucknow as Case No.692 of 2015, is hereby quashed.

10. Office is directed to communicate this order to the court below, forthwith.

October 10, 2025GauraV/-

(Rajeev Singh,J.)

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