Raj Kumar Nebhani & Anr. vs State Of U.P. & Anr.
2019 Latest Caselaw 6334 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 7802 of 2017
 

 
Applicant :- Raj Kumar Nebhani & Anr.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Chandra Shekhar Pandey,Pal Singh Yadav
 
Counsel for Opposite Party :- Govt. Advocate,Aftab Alam Malik,Uma Kant Gupta
 

 
Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned AGA 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 impugned summoning order dated 29.08.2017 as well as its consequential orders passed by Special Chief Judicial Magistrate Custom, Lucknow in the Case No. 33475 of 2017, Crime No. 408 of 2017 under Sections 323, 504, 506 IPC (State Vs. Raj Kumar Nibhani and others), Police Station Gazipur, District Lucknow issued against the applicant no. 1 and Sections 376, 406, 323, 504, 506 IPC , against the applicant no. 2 as well as chargesheet dated 23.08.2017 under Sections 323, 504, 506 IPC.

It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This Court vide order dated 17.11.2017 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 11.04.2018 between the parties, which is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in Para- 6 of the settlement agreement dated 11.04.2018.

Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the Senior Registrar of this 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 personnel 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 the impugned summoning order dated 29.08.2017 as well as its consequential orders passed by Special Chief Judicial Magistrate Custom, Lucknow in the Case No. 33475 of 2017, Crime No. 408 of 2017 under Sections 323, 504, 506 IPC (State Vs. Raj Kumar Nibhani and others), Police Station Gazipur, District Lucknow issued against the applicant no. 1 and Sections 376, 406, 323, 504, 506 IPC , against the applicant no. 2 as well as chargesheet dated 23.08.2017 under Sections 323, 504, 506 IPC, is hereby quashed.

Order Date :- 1.8.2019

Israr