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Intisar Ali Khan vs State Of U.P. & Anr. on 11 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 7257 of 2019

Applicant :- Intisar Ali Khan

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

Counsel for Applicant :- Suresh Sharma

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Vakalatnama filed by Shri B.D. Sharma, Advocate on behalf of respondent no. 2 is taken on record.

Heard learned counsel for the applicant, learned A.G.A. 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 07.02.2014 filed in Case Crime No. 150 of 2013, under Sections 498A, Section323, Section504 and Section506 I.P.C., P.S. Indira Nagar, District Lucknow.

In pursuance to the order dated 01.11.2019, applicant as well as respondent no. 2 are present before this Court and have been identified by their respective counsel.

Learned counsel for the applicant and learned counsel for opposite party no. 2 have jointly submitted that due to matrimonial dispute, the impugned proceedings have been initiated by registering Case Crime No. 150 of 2013 (supra) and after investigation, charge sheet dated 07.02.2014 was filed. In the meantime, the dispute was resolved between the parties outside the Court and both the parties have entered into compromise dated 8th April, 2019 (Annexure 4 to the application), and in pursuance of the compromise, a sum of Rs.1,50,000/- has been received by respondent no. 2. It has further been submitted by learned counsel for both the parties that now all the disputes have been resolved between both the parties. Learned counsel for respondent no. 2 has further submitted that the photocopy of the cheques given by the applicant to respondent no. 2 are also appended as Annexure 5 to the application.

Learned AGA has fairly conceded that compromise has been effected between the parties.

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 07.02.2014 filed in Case Crime No. 150 of 2013, under Sections 498A, Section323, Section504 and Section506 I.P.C., P.S. Indira Nagar, District Lucknow and its entire proceedings are hereby quashed.

Order Date :- 11.11.2019

VKS

 

 

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