Allahabad High Court
Sanjay Singh & Ors. vs State Of U.P. & Anr. on 18 August, 2021
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- U/S 482/378/407 No. - 2140 of 2021
Applicant :- Sanjay Singh & Ors.
Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- Mayank Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for opposite parties no.2 to 7 as well as perused the record.
On 1.7.2021, this court has passed the following order:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 98 of 2015, arising out of Case Crime No. 104 of 2014, under Sections 147, 323, 504 & 506 IPC and 3 (1)(x) of the SC/ST Act, Police Mahruwa, District Ambedkarnagar (State Vs. Sanjay Singh and another) as well as charge sheet no. 5 of 2014 submitted by the Investigating Officer before the court concerned on the basis of compromise done between the parties on 11.6.2021.
Learned counsel for the applicants submits that since the charge sheet has been submitted against the applicants, the parties have reconciled their differences and a compromise has been entered between them.
In support of his submission learned counsel for applicants has filed compromise deed dated 11.6.2021.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of one month from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List in the week commencing 16.8.2021 before the appropriate Bench.
Till then no coercive measure shall be taken against the applicants, namely, Sanjay Singh, Ranjeet Singh, Bhupendra Singh, Sandeep Singh, Jitendra Singh and Jay Prakash Singh."
In compliance of the order dated 1.7.2021, verification report dated 29.7.2021 has been filed by Special Judge, SC/ST Act, Ambedkar Nagar.
From perusal of the verification report it appears that the verification has been made in the presence of the parties.
Learned counsel for the petitioners submits that since the settlement has been arrived between the parties and the compromise has been verified by the learned court below, therefore, in view of the judgment of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the proceedings pending before learned trial court are liable to be quashed.
Learned A.G.A. for the State as well as learned counsel for opposite parties no.2 to 7 have fairly conceded that compromise has been effected between the parties and the same has duly been verified by the learned 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 settled between the parties by way of the compromise and in view of law laid down in Gian Singh vs. State of Punjab (supra), no useful purpose would be served in proceeding with the matter any further.
Considering the aforesaid, the present petition is allowed and charge sheet as well as entire proceedings of Case No.98 of 2015 arising out of Case Crime No. 104/2014 under Sections 147,323, 504, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, Police Station Mahruwa, District Amebedkar Nagar are hereby quashed.
Order Date :- 18.8.2021
Madhu
