Patiraj Gautam & Anr. vs State Of U.P. & Anr.
2019 Latest Caselaw 6155 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 2935 of 2019
 

 
Applicant :- Patiraj Gautam & Anr.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Pawan Kumar Pandey
 
Counsel for Opposite Party :- G.A.,Shashank Singh
 

 
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 entire proceedings of Case No. 4914/2018, Case Crime No. 65/2017 under Sections 323, 452, 427, 325 I.P.C., P.S. Rajesultanpur, District Ambedkar Nagqr as well as the charge sheet no. 79/2017 dated 05.10.2017 and summoning order dated 25.05.2018 pending before the Additional Chief Judicial Magistrate, Ambedkar Nagar.

Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that in pursuance of the earlier order dated 16.05.2019, the compromise has already taken between the parties and the certified copy of the compromise is appended as Annexure-6 to the application and it is further submitted that the factum of the compromise has been verified by the Additional Chief Judicial Magistrate on 17.01.2019. The compromise deed which goes to show that respondent no. 2 does not want to prosecute the applicants.

Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the Additional Chief Judicial Magistrate, Ambedkar Nagar.

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.

Entire proceedings of 4914/2018, Case Crime No. 65/2017 under Sections 323, 452, 427, 325 I.P.C., P.S. Rajesultanpur, District Ambedkar Nagqr as well as the charge sheet no. 79/2017 dated 05.10.2017 and summoning order dated 25.05.2018 pending before the Additional Chief Judicial Magistrate, Ambedkar Nagar are hereby quashed.

Order Date :- 9.7.2019

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