Allahabad High Court
Jitendra Kumar Choudhary( Jitendra ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 29 August, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:57974 Court No. - 12 Case :- APPLICATION U/S 482 No. - 8681 of 2023 Applicant :- Jitendra Kumar Choudhary( Jitendra Kumar Named In F.I.R) And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Durgesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Devansh Vikram Singh, Advocate on behalf of the opposite party No.2 is taken on record.
2. 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.
3. This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 30.04.2020 in case crime no.653/2019, u/s 498-A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Gudamba, District- Lucknow passed by Additional Chief Judicial Magistrate-III, Court No.27, Lucknow as well as the entire proceeding of Criminal Case No.14502 of 2021 "State Vs. Ram Saran Verma and Anr".
4. Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 25.04.2023 a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise.
5. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report dated 05.08.2023
6. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court.
7. 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.
8. 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.
9. For the discussions made above, the present application is allowed andthe charge-sheet dated 30.04.2020 in case crime no.653/2019, u/s 498-A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Gudamba, District- Lucknow passed by Additional Chief Judicial Magistrate-III, Court No.27, Lucknow as well as the entire proceeding of Criminal Case No.14502 of 2021 "State Vs. Ram Saran Verma and Anr" are hereby quashed.
10. Office is directed to communicate this order to the trial court.
Order Date :- 29.8.2023 V. Sinha