Dharmendra Kumar Tiwari & Ors. vs State Of U.P. & Anr.
2019 Latest Caselaw 6234 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 5834 of 2017
 

 
Applicant :- Dharmendra Kumar Tiwari & Ors.
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Santosh Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate,Pankaj Kumar Tiwari
 

 
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 Sessions Trial No. 60 of 2010 (State Vs. Dharmendra Tiwari & Ors.) arising out of Case Crime No. 165 of 2009, under Sections 307/34 I.P.C., P.S. Inayat Nagar, District Faizabad as well as order dated 05.08.2017 passed by Additional Sessions Judge, Court No. 2, Faizabad.

Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that in pursuance of the earlier order dated 27.08.2018, the matter was sent before the court below for verification of the compromise deed.

It is evident from the record that the factum of the compromise has been verified by the Vth Additional Sessions Judge, Faizabad vide his report dated 28.09.2018. The compromise deed is annexed with the application and flagged as 'A', 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 court below.

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 Sessions Trial No. 60 of 2010 (State Vs. Dharmendra Tiwari & Ors.) arising out of Case Crime No. 165 of 2009, under Sections 307/34 I.P.C., P.S. Inayat Nagar, District Faizabad as well as order dated 05.08.2017 passed by Additional Sessions Judge, Court No. 2, Faizabad are hereby quashed.

Order Date :- 9.7.2019

VKS