Allahabad High Court
Kishori Lal And 2 Others vs State Of U.P.Thru. Prin. Secy. Home ... on 10 December, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:82426 Court No. - 28 Case :- APPLICATION U/S 482 No. - 11212 of 2024 Applicant :- Kishori Lal And 2 Others Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
1. Short counter affidavit alongwith Vakalatnama filed by Shri Manoj Kumar Tiwari, Advocate on behalf of opposite party no.2 is taken on record.
2. Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Manoj Kumar Tiwari, learned counsel for opposite party no.2 and perused the record.
3. The present application under Section 482 Cr.P.C. has been filed to quash/set aside the entire proceedings of S.T. No.335 of 2002 (State vs. Ram Adhar and others) and charge sheet dated 11.12.1999 in Case Crime No.153 of 1999 under Sections 323, 325, 504, 506 IPC., and Section 3 (1) 10 of SC/ST Act, Police Station Baghrai, District Pratapgarh pending in the court of Special Judge, SC/ST Act, Pratapgarh in terms of compromise deed dated 22.02.2023 held between the parties.
4. Learned counsel for the applicants submits that in pursuance of the earlier order dated 04.04.2023 passed in Application U/s 482 Cr.P.C. No.3187 of 2023, the matter was sent before the court below for verification of the compromise deed dated 22.02.2023.
5. It is evident from the record that the factum of the compromise has been verified by the court below vide his order/report dated 24.09.2024 , the compromise deed and verification report are appended as Annexures 4 and 6 to the application, which goes to show that opposite parties do not want to prosecute the applicants.
6. Learned AGA and learned counsel for opposite party fairly concede that compromise has been affected between the parties and the same has duly been verified by the court below.
7. 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.
8. In view of the aforesaid fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of compromise, no useful purpose would be served in proceeding with the matter any further.
9. The application is allowed.
10. The entire proceedings of S.T. No.335 of 2002 (State vs. Ram Adhar and others) and charge sheet dated 11.12.1999 in Case Crime No.153 of 1999 under Sections 323, 325, 504, 506 IPC., and Section 3 (1) 10 of SC/ST Act, Police Station Baghrai, District Pratapgarh in terms of compromise deed dated 22.02.2023 held between the parties are hereby quashed.
11. Office is directed to send a copy of this order to the court concerned, forthwith.
Order Date :- 10.12.2024 Pks