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Nadeem & Ors. vs State Of U.P. Thru. Home Secy. & … on 11 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 4839 of 2019

Applicant :- Nadeem Ors.

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

Counsel for Applicant :- Pravin Kumar Verma,Vivek Kumar Pandey

Counsel for Opposite Party :- G.A.,Md Irfan Siddiqui

Hon’ble Rajeev Singh,J.

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 of the proceedings of Case No. 5484 of 2016 arising out of Case Crime No. 868 of 2013, under Sections 498A, Section323, Section504, Section506, Section315 and Section377 I.P.C. and Section 3/4 D.P. Act, P.S. Thakurganj, District Lucknow on the basis of compromise.

Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that in pursuance of the earlier order dated 11.07.2019, the matter was sent before the court below for verification of the compromise deed.

It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 14.08.2019. The compromise deed is appended as Annexure 1 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants.

Learned AGA 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, 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.

Entire proceedings of Case No. 5484 of 2016 arising out of Case Crime No. 868 of 2013, under Sections 498A, Section323, Section504, Section506, Section315 and Section377 I.P.C. and Section 3/4 D.P. Act, P.S. Thakurganj, District Lucknow are hereby quashed.

Order Date :- 11.11.2019

VKS

 

 

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