Allahabad High Court
Dev Narayan Singh @ Munna & Anr. vs State Of U.P. & Ors. on 17 July, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 4870 of 2019 Applicant :- Dev Narayan Singh @ Munna & Anr. Opposite Party :- State Of U.P. & Ors. Counsel for Applicant :- Digvijai Singh Counsel for Opposite Party :- G.A. 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 3 and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the chargesheet dated 03.05.1988 in Case No.1001 of 2014 arising out of Case Crime No.51/1988, under Sections 326, 324 and 323 I.P.C. Police Station Itaunja, District Lucknow as well as summoning order dated 30.11.1988.
Learned counsel for the applicants and learned counsel for opposite party no. 2 and 3 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 06.10.2018.
Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.
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 chargesheet dated 03.05.1988 in Case No.1001 of 2014 arising out of Case Crime No.51/1988, under Sections 326, 324 and 323 I.P.C. Police Station Itaunja, District Lucknow as well as summoning order dated 30.11.1988 is hereby quashed.
Order Date :- 17.7.2019 Amit/-