Allahabad High Court
Anuj Verma vs State Of U.P. Thru. Prin. Secy. Home ... on 7 November, 2024
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:73624 Court No. - 13 Case :- APPLICATION U/S 482 No. - 12808 of 2023 Applicant :- Anuj Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others Counsel for Applicant :- Shreyash Agrawal,Amit Kumar Gupta,Jatin Counsel for Opposite Party :- G.A.,Ayush Tandon Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the parties and perused the record.
2. This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case no. 691/2016 (State vs. Anuj) arising out of Case Crime no. 39/2015 under Section 307 of the Indian Penal Code, 1860, P.S.- Bakshi ka Talab, District- Lucknow as well as the charge-sheet no. 35/15 dated 06.02.2015 in respect of Case no. 691/2016 and the cognizance order dated 19.02.2015 in respect of Case no. 691/2016.
3. Learned counsel for the parties jointly submitted that vide order dated 28.07.2023, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise.
4. Learned counsel for the parties jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 16.11.2023.
5. 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 concerned.
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. The entire criminal proceedings of Case no. 691/2016 (State vs. Anuj) arising out of Case Crime no. 39/2015 under Section 307 of the Indian Penal Code, 1860, P.S.- Bakshi ka Talab, District- Lucknow as well as the charge-sheet no. 35/15 dated 06.02.2015 and the cognizance order dated 19.02.2015 are hereby quashed.
9. Office is directed to communicate this order to learned Chief Judicial Magistrate concerned, forthwith.
Order Date :- 7.11.2024 Arpan