Ashraf Ali & Ors. vs State Of U.P. & Anr.
2019 Latest Caselaw 6343 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 3217 of 2019
 

 
Applicant :- Ashraf Ali & Ors.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Afaq Zaki Khan
 
Counsel for Opposite Party :- G.A.,Syed Amir Hasan
 

 
Hon'ble Rajeev Singh,J.

Heard learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed for setting aside the criminal proceedings which being initiated under Section 419, 420, 467, 468, 471 IPC registered as Crime No. C-5/2008 at Police State Dhaurara, District Lakhimpur Kheri pending before the learned Additional Chief Judicial Magistrate/FTC Lakhimpur Kheri.

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 24.07.2019.

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 for setting aside the criminal proceedings which being initiated under Section 419, 420, 467, 468, 471 IPC registered as Crime No. C-5/2008 at Police State Dhaurara, District Lakhimpur Kheri pending before the learned Additional Chief Judicial Magistrate/FTC Lakhimpur Kheri, is hereby quashed.

Order Date :- 1.8.2019

Israr