HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- U/S 482/378/407 No. – 45 of 2018
Applicant :- Sheo Narain Singh Anr.
Opposite Party :- State Of U.P. Thru. Prin. Secy., Deptt. Of Home Anr.
Counsel for Applicant :- Rakesh Bajpai,Ashok Shukla
Counsel for Opposite Party :- Govt. Advocate,Lal Bahadur Khan
Hon’ble Rajeev Singh,J.
Heard, learned counsel for the applicants, learned AGA 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 proceeding of Criminal Case No.832 of 2016 (Alpana Singh Vs. Atul Singh and others) pending in the Court of Additional Chief Judicial Magistrate, Room No.21 Sultanpur along with all consequential proceedings.
Learned counsel for the applicants submitted that due to matrimonial dispute, the opposite party No.2 filed an application under Section 156 (3) SectionCr.P.C. and her application was considered, as a complaint case by the learned court below, registered as Criminal Case No.832 of 2016 and after recording the statement under Section 200 and Section202 Cr.P.C. the cognizance was taken by the court below under Section 498A I.P.C. and 3/4 D.P. Act. Learned counsel for the applicant has further submitted that summoning order was challenged in the present petition and the notice was issued to the opposite party No.2, she appeared through her counsel.
Learned counsel for the applicants as well as learned counsel for the opposite party No.2 informed that the dispute has been resolved out side the Court in terms of the compromise dated 23.09.2019 (Annexure No.1) to the short counter affidavit filed by the opposite party No.2.
The opposite party No.2 is present before this Court and she categorically stated that she does not want to prosecute the applicants as well as Atul Singh. In para 6,7 and 8 of the short counter affidavit filed by the opposite party No.2, she has categorically stated that under the change circumstances, there is no necessity for further proceedings of criminal case No.832 of 2016 pending in the court of A.C.J.M. Sultanppur, as the Atul Singh and opposite party No.2 decided to resolve their marriage and they entered into the compromise on 23.08.2019.
Learned A.G.A. has no objection in case, the proceedings is quashed in term of the compromise.
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 proceedings in Criminal Case No.832 of 2016 (Alpana Singh Vs. Atul Singh and others) pending in the Court of Additional Chief Judicial Magistrate, Room No.21 Sultanpur, along with all consequential proceedings, is hereby quashed.
Order Date :- 8.11.2019