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Avinash Pandey & Ors. vs The State Of U.P. Thru. Prin. Secy. … on 15 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 4957 of 2019

Applicant :- Avinash Pandey Ors.

Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Anr.

Counsel for Applicant :- Nadeem Murtaza,Mohd. Mohsin,Sudhanshu Shekhar Tripath

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Vakalatnama filed by Mr.Ali Jibran, Advocate on behalf of the opposite party No.2 is taken on record.

Heard Shri Nadeem Murtaza, learned counsel for the applicants, learned A.G.A. for the State of U.P., Mr. Ali Jibran, 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.1559 of 2015 arising out of Case Crime No.236 of 2015, under Sections 498A, Section323, Section504 I.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station Rehra Bazar, District Balrampur and also quashing of the chargesheet dated 09.11.2015.

Learned counsel for the applicant and learned counsel for opposite party no.2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report dated 08.03.2019 (Annexure No.5).

Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial.

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 is purely of personnel nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

For the discussions made above, the present application is allowed and the entire proceedings of Case No.1559 of 2015 arising out of Case Crime No.236 of 2015, under Sections 498A, Section323, Section504 I.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station Rehra Bazar, District Balrampur and also quashing of the chargesheet dated 09.11.2015 is hereby quashed.

Order Date :- 15.7.2019

Amit/-

 

 

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