Mohd. Diler Khan and Others v. State of U.P. Thru. Prin. Secy. Civil Sectt. Lko. and Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10633 of 2023 Applicant :- Mohd. Diler Khan And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko. And Others Counsel for Applicant :- Naveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Shri Avnish Kumar Tiwari, Advocate on behalf of respondent nos. 2 to 4 is taken on record.

¶2Heard learned counsel for the applicant as well as learned A.G.A. for the State and learned counsel appearing for respondent nos. 2 to 4.

¶3The present application has been filed with a prayer to quash the charge sheet dated 28.07.2011 as well as entire proceedings of Case Crime No. 258 of 2011, under Sections 452, 336, 325, 427 I.P.C., P.S. Katra Bazar, District Gonda.

¶4Learned counsel for the applicant and learned counsel for opposite party nos. 2 to 4 jointly submit that in pursuance of the earlier order dated 13.04.2023 passed in Application u/s 482 No. 3538 of 2023, the matter was sent before the court below for verification of the compromise deed.

¶5It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 19.08.2023. The verification report is appended as Annexure 5 to the application.

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

¶7Hon'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.

¶8In 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 the compromise, no useful purpose would be served in proceeding with the matter any further.

¶9For the discussions made above, the present application is allowed.

¶10Charge sheet dated 28.07.2011 as well as entire proceedings of Case Crime No. 258 of 2011, under Sections 452, 336, 325, 427 I.P.C., P.S. Katra Bazar, District Gonda are hereby quashed.

¶11OfÏce is directed to send a copy of this order to the court concerned, forthwith. Order Date :- 31.10.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench