Smt. Nanhi Devi and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10055 of 2023 Applicant :- Smt. Nanhi Devi And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And Another Counsel for Applicant :- Karuna Shanker Rastogi,Arun Kumar Singh Counsel for Opposite Party :- G.A.,Anjali Pandey,Karuna Kant Gupta Hon'ble Rajeev Singh,J.

¶1Short counter affidavit filed by learned counsel for opposite party no.2 is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record.

¶3By means of present application, applicants have sought following reliefs:- "(i) To quash the summoning order dated 13.09.2012 passed by Judicial Magistrate Mohammadi, District-Kheri in Crl. Case No.439 of 2016 arising out of Case Crime No.342 of 2012 U/s 420, 467, 468, 471 I.P.C., Police Station-Mohammadi, District-Kheri.

(ii) To quash the charge-sheet dated 31.05.2012.

(iii) To quash the proceedings of Crl. Case No.439 of 2016."

¶4Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated

13.09.2022 a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise.

¶5Learned 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 trial court vide report/order dated 19.10.2022.

¶6Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court.

¶7Hon'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, (2014) 6 SCC 466. 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.

¶8In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which 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.

¶9For the discussions made above, the present application is allowed and summoning order dated 13.09.2012 passed by Judicial Magistrate Mohammadi, District-Kheri in Crl. Case No.439 of 2016 arising out of Case Crime No.342 of 2012 U/s 420, 467, 468, 471 I.P.C., Police Station-Mohammadi, District-Kheri as well as the charge-sheet dated 31.05.2012 and the proceedings of Crl. Case No.439 of 2016 are hereby quashed.

¶10Office is directed to communicate this order to trial court forthwith. Order Date :- 26.10.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench