Allahabad High Court
Satish Tiwari @ Satish Shiv Shankar ... vs State Of U.P. And Another on 20 April, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 43439 of 2022 Applicant :- Satish Tiwari @ Satish Shiv Shankar Tiwari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Anand Kumar, learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the charge sheet dated 10.06.2019 as well as entire proceeding of Case No.10518 of 2019, under Sections 504, 506, 498-A, 494 and 313 IPC and 3/4 D.P. Act, Police Station Lalganj, District Mirzapur arising out of Case Crime No.318 of 2018 on the basis of compromise.
Learned counsel for the applicants has submitted that the parties have entered into compromise and the same has been filed before the court below, which was verified by the court below vide order dated 03.04.2023, copy of the same has been placed on record. He has further submitted that now the applicant no.1 and the opposite party no.2 are living together as husband and wife and since parties have settled the dispute, opposite party no.2 also does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.
On the other hand, learned AGA submits that since the dispute between the parties has been settled, he has no objection if the proceedings of the aforesaid case pending before the trial court is quashed.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.
The Hon'ble Apex Court in catena of decisions, viz., 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, has held that inherent power can be used to do real and substantial justice. 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.
Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
In view of the aforesaid, the Application u/s 482 Cr.P.C. is allowed.
The entire proceedings of Case No.10518 of 2019, under Sections 504, 506, 498-A, 494 and 313 IPC and 3/4 D.P. Act, Police Station Lalganj, District Mirzapur arising out of Case Crime No.318 of 2018 are hereby quashed.
Order Date :- 20.4.2023 Ajeet