Allahabad High Court
Altaf Husain And 3 Others vs State Of U.P. And Another on 15 September, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- APPLICATION U/S 482 No. - 16974 of 2022 Applicant :- Altaf Husain And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra Hon'ble Krishan Pahal,J.
Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicants and Sri Azad Khan, Advocate holding brief of Sri Ajay Kumar Mishra, learned counsel for the informant as well as learned AGA for the State of U.P. This application U/s 482 Cr.P.C. has been filed by the applicants, namely, Altaf Husain, Aftab, Danish and Nadeem, with a prayer to quash the summoning order dated 31.8.2021 as well as the entire proceedings of Complaint Case No.1590 of 2021, (Dr. Abul Khair Vs. Altaf Husain and Others), U/s 420 IPC, Police Station- Rajabpur, District-Amroha, pending in the Court of learned Judicial Magistrate, Amroha, on the basis of compromise entered into between the parties on 20.1.2022.
Learned counsel for the applicants has stated that matter has already been settled between the parties on 20.1.2022.
As per the report of the Judicial Magistrate, Amroha dated 18.7.2022, the matter has been settled between the parties once for all.
Sri Azad Khan, Advocate holding brief of Sri Ajay Kumar Mishra, learned counsel for the informant as well as learned AGA have also very fairly conceded the fact of compromise entered into between the parties.
Hon'ble Apex Court in catena of decisions has held that inherent power can be exercised in the interest of 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 has been arrived at between the parties. There is no likelihood of the trial culminating in conviction.
In view of the aforesaid submissions advanced by the learned counsel for the parties and the 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, therefore, no useful purpose would be served in proceeding with the matter further.
For the discussions made herein-above, the present application is allowed. The summoning order dated 31.8.2021 as well as the entire proceedings of Complaint Case No.1590 of 2021, (Dr. Abul Khair Vs. Altaf Husain and Others), U/s 420 IPC, Police Station- Rajabpur, District-Amroha, pending in the Court of learned Judicial Magistrate, Amroha, along with all consequential proceedings, are hereby quashed.
Order Date :- 15.9.2022 Siddhant