Allahabad High Court
Jai Karan Verma & Others vs State Of U.P. & Another on 2 September, 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. - 1173 of 2019 Applicant :- Jai Karan Verma & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Manmohan Chaurasia,Sanjay Kumar Pandey Counsel for Opposite Party :- Govt. Advocate,Brijesh Kumar Singh Hon'ble Rajeev Singh,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet No. 181 of 2012, dated 05.12.2012 filed in Case Crime No. 876 of 2012, under Section 147, 148, 149, 323, 504, 506, 427 I.P.C. and Section 3 of Public Property Act, P.S. Raunahi, District Faizabad (Ayodhya), as well as summoning order dated 04.02.2013, passed by learned Additional Chief Judicial Magistrate-IV, Faizabad (Ayodhya) in Case No. 107 of 2013.
In pursuance of the order dated 14.02.2019, the applicants as well as the private opposite party No.2 appeared before the Additional Civil Judge-I(S.D.)/ Additional Chief Judicial Magistrate, Faizabad for verification of contents of compromise executed between the applicants and opposite party No.2.
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 the Additional Civil Judge-I(S.D.)/ Additional Chief Judicial Magistrate, Faizabad vide report dated 08.03.2019.
It is evident from the record that the contents of the compromise were verified by the court below on 08.03.2019. It is also evident that the compromise is available on record in annexure No.4 , which reveals that the opposite party No.2 does not want to prosecute the applicants.
Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the Additional Civil Judge-I(S.D.)/ Additional Chief Judicial Magistrate, Faizabad.
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, Laws (SC) 2014-3-56. 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 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, charge-sheet No. 181 of 2012, dated 05.12.2012 filed in Case Crime No. 876 of 2012, under Section 147, 148, 149, 323, 504, 506, 427 I.P.C. and Section 3 of Public Property Act, P.S. Raunahi, District Faizabad (Ayodhya), as well as summoning order dated 04.02.2013, passed by learned Additional Chief Judicial Magistrate-IV, Faizabad (Ayodhya) in Case No. 107 of 2013, is hereby quashed.
Order Date :- 2.9.2019 S. Shivhare