Allahabad High Court
Binod Kumar vs State Of U.P. Thru. The Prin. ... on 8 July, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- U/S 482/378/407 No. - 2965 of 2019
Applicant :- Binod Kumar
Opposite Party :- State Of U.P. Thru. The Prin. Secy., Deptt. Of Home & Anr.
Counsel for Applicant :- Upendra Prakash Pathak
Counsel for Opposite Party :- G.A.,Ajay Tiwari,Pradeep Kumar Srivastava
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned AGA for the State of U.P. and 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 charge sheet dated 18.11.2016 as well as summoning order dated 08.05.2017 passed by Additional Chief Judicial Magistrate III, Lucknow in Case No. 1928 of 2017 (State Vs. Binod Kumar) arising out of Case Crime No. 126 of 2016 under Sections 498-A and 504 I.P.C. and Section 3/4 of D.P. Act, P.S. Chinhat, District Lucknow.
Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that in pursuance of the earlier order dated 23.05.2019, the matter was sent before the Senior Registrar of this Court for verification of the compromise deed.
It is evident from the record that the factum of the compromise has been verified by the Senior Registrar vide his report dated 04.07.2019. The compromise deed is appended as Annexure 4 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicant.
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, viz., 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, has held that inherent power can be used to do real and substantial justice. 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 fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further.
For the discussions made above, the present application is allowed.
Charge sheet dated 18.11.2016 as well as summoning order dated 08.05.2017 passed by Additional Chief Judicial Magistrate III, Lucknow in Case No. 1928 of 2017 (State Vs. Binod Kumar) arising out of Case Crime No. 126 of 2016 under Sections 498-A and 504 I.P.C. and Section 3/4 of D.P. Act, P.S. Chinhat, District Lucknow and its entire proceedings are hereby quashed.
Order Date :- 8.7.2019
VKS
