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Faisal @ Raja & Ors. vs State Of U.P. Thru. Prin. Secy. … on 23 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 7303 of 2019

Applicant :- Faisal @ Raja Ors.

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

Counsel for Applicant :- Mohammad Alishah Faruqi,Razi Ahmad

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Heard, learned counsel for the applicants, learned A.G.A. 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 entire criminal proceedings in Case No.19086 of 2019 arising out of Case Crime No.611 of 2018, under Sections 498A, Section323, Section504, Section506 I.P.C. and 3/4 D.P. Act, Police Station Kakori, District Lucknow as well as order dated 05.09.2019.

Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the Senior Registrar of this Court vide report dated 18.10.2019.

Learned A.G.A. 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 18.10.2019.

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 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 entire criminal proceedings in Case No.19086 of 2019 arising out of Case Crime No.611 of 2018, under Sections 498A, Section323, Section504, Section506 I.P.C. and 3/4 D.P. Act, Police Station Kakori, District Lucknow as well as order dated 05.09.2019, is hereby quashed.

Order Date :- 23.10.2019

Amit/-

 

 

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