Allahabad High Court
Sudheer Kumar Tripathi & Another vs State Of U.P. & Another on 9 December, 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. - 1022 of 2019 Applicant :- Sudheer Kumar Tripathi & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ashutosh Srivastava Counsel for Opposite Party :- Govt. Advocate,Mahfooz Alam Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants, learned A.G.A. and learned counsel appearing for respondent no. 2.
This application has been filed for quashing of the charge sheet dated 26.08.2010 as well as entire proceedings of Case No. 620 of 2012 (State of U.P. Vs. Sudheer Kumar Tripathi & Ors.) arising out of Case Crime No. 238A of 2010, under Sections 494, 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, P.S. Bazar Khala, District Lucknow.
It has jointly been submitted that due to matrimonial dispute, the impugned proceedings have been initiated by respondent no. 2 by lodging Case Crime No. 238A of 2010 (supra). After investigation, impugned charge sheet dated 26.08.2010 was filed by the Investigating Officer, on which cognizance had been taken by the court below. It has further been submitted that during the pendency of the aforesaid criminal case, the issue has been resolved between the parties and a compromise deed was executed between them on 2nd August, 2018. It has also been submitted that on the basis of the said compromise, petition filed by applicant no. 1 under Section 13(B) of the Hindu Marriage Act was also decided vide order dated 26.02.2019. Learned counsel for both the parties have, thus, submitted that the present application may also be disposed of in terms of the said compromise.
Learned A.G.A. has also no objection if the case is decided in terms of the aforesaid compromise.
I have considered the arguments advanced by the learned counsel for the parties.
After going through the record, it is evident that divorce decree was granted by the Principal Judge/ADJ, Family Court, Lucknow vide order dated 26th February, 2019. From a perusal of the order dated 26.02.2019 as well as the memo of petition under Section 13(B) of Hindu Marriage Act and the contents of compromise dated 2nd August, 2018, it reveals that the issue has been resolved between the parties and now they are enjoying their life after decree of divorce.
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.
In such circumstances, it is appropriate to quash the impugned proceedings. Thus, the impugned charge sheet dated 26.08.2010 as well as entire proceedings of Case No. 620 of 2012 (State of U.P. Vs. Sudheer Kumar Tripathi & Ors.) arising out of Case Crime No. 238A of 2010, under Sections 494, 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, P.S. Bazar Khala, District Lucknow are hereby quashed.
Application stands allowed.
Office is directed to communicate this order to the Chief Judicial Magistrate, Lucknow and S.H.O., P.S. Bazar Khala, District Lucknow for compliance.
Order Date :- 9.12.2019 VKS