Shahjad Ali @ Kaliya vs State Of U.P. & Anr.
2019 Latest Caselaw 6342 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 4455 of 2019
 

 
Applicant :- Shahjad Ali @ Kaliya
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Sheikh Mohammad Ali
 
Counsel for Opposite Party :- G.A.,Alok Kumar Srivastava
 

 
Hon'ble Rajeev Singh,J.

Heard learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 5647 of 2019 (State Vs. Kaliya @ Shahjad) arising out of Case Crime No. 278 of 2018, under Sections 354, 506 IPC, relating to Police Station Khairighat, District Hahraich, pending in the Court of learned Judicial Magistrate, Bahraich and also the operation and implementation of the impugned summoning order dated 09.04.2019, passed by the learned Judicial Magistrate, Bahraich.

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 Senior Registrar of this Court vide report dated 25.07.2019.

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, Laws (SC) 2014-3-56. 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 entire proceedings of Criminal Case No. 5647 of 2019 (State Vs. Kaliya @ Shahjad) arising out of Case Crime No. 278 of 2018, under Sections 354, 506 IPC, relating to Police Station Khairighat, District Hahraich, pending in the Court of learned Judicial Magistrate, Bahraich and also the operation and implementation of the impugned summoning order dated 09.04.2019, passed by the learned Judicial Magistrate, Bahraich, is hereby quashed.

Order Date :- 1.8.2019

Israr