Allahabad High Court
Ambuj Kashyap Thru. Natural Guardian ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 2 August, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:51013 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2207 of 2022 Applicant :- Ambuj Kashyap Thru. Natural Guardian Ram Khelawan And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And Another Counsel for Applicant :- Ajai Pratap Singh Chauhan Counsel for Opposite Party :- G.A.,Kunwar Samitinjay Singh,Vinay Pandey Hon'ble Rajeev Singh,J.
1. 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.
2. This application under Section 482 Cr.P.C. has been filed for quashing the chargesheet dated 12.6.2021, arising out of Case Crime No.110/2021, under Sections 323, 504, 325 I.P.C. and Section 3(i)(dha), 3(ii)(va) of SC/ST Act, Police Station B.K.T., Lucknow.
3. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 5.5.2022 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 Special Judge, S.C./S.T. Act, Lucknow, verify the contents of compromise and it was duly verified.
4. 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 21.5.2022.
5. Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.
6. 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.
7. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal 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.
8. For the discussions made above, the present application is allowed and chargesheet dated 12.6.2021, arising out of Case Crime No.110/2021, under Sections 323, 504, 325 I.P.C. and Section 3(i)(dha), 3(ii)(va) of SC/ST Act, Police Station B.K.T., Lucknow, is hereby quashed.
Order Date :- 2.8.2023 Gaurav/-