Allowed¶15

Ravi Vishwakarma and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Allahabad HC13 Jan 2025/256/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench (Rajeev Singh, J.); Application u/s 482 Cr.P.C. No. 256 of 2025; decided 13.1.2025; Neutral Citation 2025:AHC-LKO:2308; quashing of Case Crime No.0085 of 2023 (Sections 498-A, 323 I.P.C.; Section 3/4 D.P Act), P.S. Gudamba, District Lucknow, on compromise verified by ACJM-VII Lucknow; matrimonial dispute; inherent powers; Gian Singh; B.S. Joshi; Narinder Singh.

What did the court decide?

Entire criminal proceeding of Case Crime No.0085 of 2023 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P Act, Police Station Gudamba, District Lucknow, pending before the Additional Chief Judicial Magistrate VII, Lucknow, quashed. ¶15

Ravi Vishwakarma and 2 Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceeding of Case Crime No.0085 of 2023 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P Act, pending before the Additional Chief Judicial Magistrate VII, Lucknow, should be quashed in exercise of inherent powers under Section 482 Cr.P.C. in view of the compromise arrived at between the parties and duly verified by the court below.

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Court's answer

Following the Apex Court decisions in Gian Singh, B.S. Joshi and Narinder Singh, inherent power can be exercised to speed up the process of ending criminal proceedings where the parties have arrived at a settlement.

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Ratio / Principle

The learned A.G.A. fairly conceded that the compromise has been effected between the parties and the same has been duly verified by the court below.

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Key takeaways

As the matter is purely of personal nature and has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter further.ratio¶14
The application under Section 482 Cr.P.C. is allowed and the entire criminal proceeding of Case Crime No.0085 of 2023 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P Act is quashed.ratio¶15

Detailed headnote1 paragraphs

Quashing of criminal proceedings on verified compromise — inherent power under Section 482 Cr.P.C. — Application allowed; entire criminal proceeding of Case Crime No.0085 of 2023 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P Act, Police Station Gudamba, District Lucknow, pending before the Additional Chief Judicial Magistrate VII, Lucknow, quashed. Pursuant to direction dated 10.12.2024, the court below verified the compromise between the parties (report dated 20.12.2024); the matter being purely of personal nature and mutually settled, no useful purpose would be served in continuing the proceedings. Reliance placed on 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).

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Neutral Citation No. - 2025:AHC-LKO:2308

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 256 of 2025

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Applicant :- Ravi Vishwakarma And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Shubh Sri Kanha,Anurag Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Sri Prince Pandey, Advocate alongwith the short counter afÏdavit on behalf of the opposite party no.2 is taken on record.

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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.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Case Crime No.0085 of 2023 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P Act, Police Station Gudamba, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate VII, Lucknow.

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Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 10.12.2024 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.

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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 20.12.2024.

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Learned A.G.A. has fairly conceded that compromise has been effected between the

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parties and the same has duly been verified by the court below.

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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.

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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.

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For the discussions made above, the present application is allowed and entire criminal proceeding of Case Crime No.0085 of 2023 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P Act, Police Station Gudamba, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate VII, Lucknow, is hereby quashed .

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

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Order Date :- 13.1.2025

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Gaurav/-

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

Ravi Vishwakarma and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Case brief

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Ravi Vishwakarma and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

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