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Santosh Kumar Choubey vs The State Of U.P. & Anr. on 22 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 7709 of 2019

Applicant :- Santosh Kumar Choubey

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

Counsel for Applicant :- Vivek Kumar Rai,Ajai Kumar

Counsel for Opposite Party :- G.A.,Rakesh Kr.Agarwal

Hon’ble Rajeev Singh,J.

Heard, learned counsel for the applicant, 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 chargesheet No.89 of 2016 dated 27.06.2016 filed in Case Crime No.340 of 2015, under Section 498A I.P.C., Police Station Krishna Nagar, District Lucknow as well as summoning order dated 26.10.2016 passed by the Additional Chief Judicial Magistrate, VII, Room No.30, Lucknow in Case No.1542 of 2016.

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 Senior Registrar of this Court vide report dated 20.11.2019.

Learned AGA 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 on 20.11.2019.

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 the the chargesheet No.89 of 2016 dated 27.06.2016 filed in Case Crime No.340 of 2015, under Section 498A I.P.C., Police Station Krishna Nagar, District Lucknow as well as summoning order dated 26.10.2016 passed by the Additional Chief Judicial Magistrate, VII, Room No.30, Lucknow in Case No.1542 of 2016, is hereby quashed.

Order Date :- 22.11.2019

Amit/-

 

 

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