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

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

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. 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 quashed; Office directed to communicate the order to the court below forthwith.

Issue for consideration

Whether the entire criminal proceeding of Case Crime No. 0085 of 2023 (Sections 498-A, 323 I.P.C.; Section 3/4 D.P Act, Police Station Gudamba, District Lucknow) pending before the Additional Chief Judicial Magistrate VII, Lucknow, could be quashed under Section 482 Cr.P.C. in view of the compromise between the parties duly verified by the court below.

Court's answer

Inherent power under Section 482 Cr.P.C. can be exercised to speed up the process of ending criminal proceedings where a settlement has been arrived at between the parties, as established by the Apex Court in Gian Singh, B.S. Joshi and Narinder Singh.

Ratio / Principle

Since the parties have mutually settled the purely personal matter by way of compromise and do not wish to pursue the case, no useful purpose would be served in proceeding further with the criminal proceedings.

Key takeaways

The present application is allowed and the entire criminal proceeding of Case Crime No. 0085 of 2023 pending before the Additional Chief Judicial Magistrate VII, Lucknow, is quashed.ratio¶15

Detailed headnote1 paragraphs

Section 482 Cr.P.C. application allowed and entire criminal proceeding of Case Crime No. 0085 of 2023 (Sections 498-A, 323 I.P.C.; Section 3/4 D.P Act), Police Station Gudamba, District Lucknow, pending before the Additional Chief Judicial Magistrate VII, Lucknow, quashed. Basis: compromise executed between the parties, verified by the court below vide report dated 20.12.2024 pursuant to the High Court's directive of 10.12.2024, with the learned A.G.A.'s concession; inherent power invoked relying on Apex Court decisions — Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675), Narinder Singh v. State of Punjab ((2014) 6 SCC 466). High Court of Judicature at Allahabad, Lucknow Bench; Hon'ble Rajeev Singh, J.; Order Date 13.1.2025; Neutral Citation 2025:AHC-LKO:2308.

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

Court No. - 13

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

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.

Hon'ble Rajeev Singh,J.

Vakalatnama filed by Sri Prince Pandey, Advocate alongwith the short counter affidavit 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 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.

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.

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.

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.

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 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 .

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

Order Date :- 13.1.2025

Gaurav/-

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