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Anshul Srivastava vs State Of U.P. & Anr. on 31 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 1075 of 2017

Applicant :- Anshul Srivastava

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Shobhit Kant,Rohit Srivastava,Shikha Srivastava,Suneel Kumar Singh Kalhan

Counsel for Opposite Party :- Govt. Advocate,Anurag Srivastava’Kalesh’,Durgesh Kumar Singh

Hon’ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned AGA for the State of U.P., 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 chargesheet and summoning order dated 17.09.2015 in Case Crime No.238 of 2014 arising out of Criminal Case No.0045178 of 2015, under Sections 498A, Section323, Section506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahanagar, District Lucknow.

It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This court vide order dated 01.05.2019 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 31.05.2019 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para-b of the settlement agreement dated 31.05.2019.

Hon’ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in 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. 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 and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 31.05.2019 before the Mediation and Conciliation Centre of this Court, the present application is allowed and chargesheet and summoning order dated 17.09.2015 in Case Crime No.238 of 2014 arising out of Criminal Case No.0045178 of 2015, under Sections 498A, Section323, Section506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahanagar, District Lucknow are hereby quashed.

Order Date :- 31.7.2019

Amit/-

 

 

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