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Krishna Mohan Srivastava & Others vs State Of U.P. & Another on 26 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 5656 of 2018

Applicant :- Krishna Mohan Srivastava Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Raj Priya Srivastava,Ambuj Kumar

Counsel for Opposite Party :- Govt. Advocate,Vijayendra Shukla

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 proceeding of Case No.1336 of 2016 (“State Vs. Krishna Mohan Others”) arising out of Case Crime No.207 of 2013, under Sections 498A, Section323, Section504 I.P.C. and Section 3/4 D.P. Act, Police Station Ram Sanehi Ghat, District Barabanki.

Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 18.09.2018 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned Judicial Magistrate, Barabanki, has verified the contents of compromise.

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 court below vide report dated 03.10.2018.

Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.

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 proceeding of Case No.1336 of 2016 (“State Vs. Krishna Mohan Others”) arising out of Case Crime No.207 of 2013, under Sections 498A, Section323, Section504 I.P.C. and Section 3/4 D.P. Act, Police Station Ram Sanehi Ghat, District Barabanki, is hereby quashed.

Order Date :- 26.11.2019

Amit/-

 

 

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