Sandeep Kumar Maurya @ Sandeep Maurya @ Shivam and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Another

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10600 of 2023 Applicant :- Sandeep Kumar Maurya @ Sandeep Maurya @ Shivam And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And Another Counsel for Applicant :- Rashmi Pandey,Brijendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Vakalatnama filed by Shri Abhishek Misra, Advocate on behalf of the opposite party No.2, is taken on record.

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

¶3This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of the Criminal Case No. 11659 of 2021 arising out of Case Crime No. 0058 of 2020, Under Sections 419, 420, 467, 468, 471, 504 I.P.C, Police Station Gomtinagar Extension, District Lucknow, pending in the Court of Learned Chief Judicial Magistrate, Lucknow, (State versus Sandeep Maurya and another).

¶4Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 23.02.2023 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 on

20.03.2023 and the certified copy of the same is filed as Annexure No. 5.

¶5Learned 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.

¶6Hon'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.

¶7Considering the fact that the compromise/settlement between the parties has been entered into which is on record, both the parties being present here, counsel for the opposite party being present having no objection to this compromise/settlement as well as looking into the facts and circumstances of the case, as noted hereinabove as also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of above mentioned case.

¶8Accordingly, the proceedings in relation to Criminal Case No. 11659 of 2021 arising out of Case Crime No. 0058 of 2020, Under Sections 419, 420, 467, 468, 471, 504 I.P.C, Police Station Gomtinagar Extension, District Lucknow, pending in the Court of Learned Chief Judicial Magistrate, Lucknow, (State versus Sandeep Maurya and another) are hereby quashed.

¶9The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 31.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench