HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- U/S 482/378/407 No. – 2352 of 2019
Applicant :- Anil Pant
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Civil Sectt. Lko Anr
Counsel for Applicant :- Siddhant Kumar,Nishant Shukla
Counsel for Opposite Party :- Govt. Advocate,Shanker Lal Pandey
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 29.04.2017 as well as summoning order dated 06.09.2017 passed by Special Chief Judicial Magistrate, Lucknow in Case No. 5284 of 2017 arising out of Case Crime No. 475 of 2016 under Sections 498A, Section323 and Section504 I.P.C. and Section 3/4 D.P. Act, P.S. PGI, 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 09.09.2019, 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 20.09.2019. The compromise deed is appended as Annexure 5 to the application, 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 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 29.04.2017 as well as summoning order dated 06.09.2017 passed by Special Chief Judicial Magistrate, Lucknow in Case No. 5284 of 2017 arising out of Case Crime No. 475 of 2016 under Sections 498A, Section323 and Section504 I.P.C. and Section 3/4 D.P. Act, P.S. PGI, District Lucknow and its entire proceedings are hereby quashed.
Order Date :- 27.9.2019