Omkar and 3 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Omkar and 3 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; entire proceedings of Criminal Case No. 39851 of 2023 (State Versus Omkar & others) arising out of Case Crime No. 386 of 2022 under Sections 323, 504, 506 I.P.C. pending before the Special Chief Judicial Magistrate, Custom, the charge-sheet No. 01 of 2022 dated 10.9.2022 and the summoning order dated 26.04.2023 are quashed.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 39851 of 2023 arising out of Case Crime No. 386 of 2022 under Sections 323, 504, 506 I.P.C., including charge-sheet No. 01 of 2022 dated 10.9.2022 and summoning order dated 26.04.2023, are liable to be quashed in exercise of inherent power under Section 482 Cr.P.C. in view of the compromise between the parties verified by the trial court.

Court's answer

Following the decisions of the Hon'ble Apex Court in Gian Singh, B.S. Joshi and Narinder Singh (supra), the inherent power under Section 482 Cr.P.C. can be exercised to do real and substantial justice and to end criminal proceedings where a settlement has been arrived at between the parties.

Ratio / Principle

Since the matter is purely of personal nature, has been mutually settled between the parties by way of the verified compromise, and the parties do not want to pursue the case any further, no useful purpose would be served in continuing the proceedings.

Key takeaways

The application under Section 482 Cr.P.C. is allowed and the entire proceedings of Criminal Case No. 39851 of 2023, charge-sheet No. 01 of 2022 dated 10.9.2022 and summoning order dated 26.04.2023 are quashed; office is directed to communicate the order to the trial court forthwith.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajeev Singh, J.) [Neutral Citation 2025:AHC-LKO:2235]: Allowed an application under Section 482 Cr.P.C. seeking quashing of the entire proceedings of Criminal Case No. 39851 of 2023 (State Versus Omkar & others), arising out of Case Crime No. 386 of 2022 under Sections 323, 504, 506 I.P.C., Police Station Malihabad, Lucknow Gramin, together with charge-sheet No. 01 of 2022 dated 10.9.2022 and summoning order dated 26.04.2023. The parties had entered into a compromise, verified by the trial court vide report/order dated 22.12.2023 pursuant to this Court's direction dated 06.12.2023, and the A.G.A. conceded verification. Relying on Gian Singh (2012 AIR SCW 5333), B.S. Joshi ((2003) 3 SCC 675) and Narinder Singh ((2014) 6 SCC 466), the Court held that inherent power may be exercised to end criminal proceedings on a genuine settlement of a purely personal dispute, as no useful purpose would be served in continuing the matter.

Neutral Citation No. - 2025:AHC-LKO:2235

Court No. - 13

Case :- APPLICATION U/S 482 No. - 229 of 2025

Applicant :- Omkar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Chandra Bhanu Singh,Rajesh Kumar Gupta

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Vakalatnama filed by Shri Ramu Verma, Advocate on behalf of the opposite party No.2 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 entire proceedings of Criminal Case No. 39851 of 2023 "State Versus Omkar & others" , arising out of Case Crime No. 386 of 2022 under Sections 323, 504, 506 I.P.C., Police Station- Malihabad, Lucknow Gramin pending before Special Chief Judicial Magistrate Custom District Lucknow as well as charge-sheet No. 01 of 2022 dated 10.9.2022 submitted by the investigating officer in the aforesaid case crime number and summoning order dated 26.04.2023 passed by the learned Special Chief Judicial Magistrate, Custom.

Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 06.12.2023, 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 22.12.2023.

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.

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 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.

For the discussions made above, the present application is allowed . The entire proceedings of Criminal Case No. 39851 of 2023 "State Versus Omkar & others" , arising out of Case Crime No. 386 of 2022 under Sections 323, 504, 506 I.P.C., Police Station- Malihabad, Lucknow Gramin pending before Special Chief Judicial Magistrate Custom District Lucknow as well as charge-sheet No. 01 of 2022 dated 10.9.2022 submitted by the investigating officer in the aforesaid case crime number and summoning order dated 26.04.2023 passed by the learned Special Chief Judicial Magistrate, Custom are hereby quashed .

Office is directed to communicate this order to learned trial Court, forthwith.

Order Date :- 13.1.2025 Arpan

Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench