Chandra Prakash @ Bablu Jaiswal & ... vs State Of U.P.& Ors.
2019 Latest Caselaw 6153 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 4544 of 2019
 

 
Applicant :- Chandra Prakash @ Bablu Jaiswal & Ors.
 
Opposite Party :- State Of U.P.& Ors.
 
Counsel for Applicant :- Sm Singh Royekwar
 
Counsel for Opposite Party :- G.A.,Jayendra Kumar
 

 
Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicants, 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 07.04.2017 as well as entire proceedings of Case No. 1494 of 2017 arising out of Case Crime No. 361 of 2016 under Sections 147, 148, 325, 323, 504 and 506 I.P.C., P.S. Safdarganj, District Barabanki.

Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that in pursuance of the earlier orders dated 25.06.2019 and 02.07.2019, 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 03.07.2019. The compromise deed is appended as Annexure A-1 to the Crl. Misc. Application No. 73241 of 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, 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 07.04.2017 as well as entire proceedings of Case No. 1494 of 2017 arising out of Case Crime No. 361 of 2016 under Sections 147, 148, 325, 323, 504 and 506 I.P.C., P.S. Safdarganj, District Barabanki are hereby quashed.

Order Date :- 9.7.2019

VKS