Naseem Bano and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt., Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10858 of 2023 Applicant :- Naseem Bano And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt., Lko. And Another Counsel for Applicant :- Aftab Alam Malik Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard, 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.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Case No.64196 of 2022, State Vs. Naseem Bano & Anr., arising out of Case Crime No.0053 of 2021 under Section 323, 504, 506 I.P.C., Police Station Ghazipur, District Lucknow.

¶3Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 17.7.2023 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned S.C.J.M. Custom Lucknow, verify the contents of compromise and it was duly verified.

¶4Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 17.10.2023.

¶5Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.

¶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.

¶7In 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.

¶8For the discussions made above, the present application is allowed and entire proceeding of Criminal Case No.64196 of 2022, State Vs. Naseem Bano & Anr., arising out of Case Crime No.0053 of 2021 under Section 323, 504, 506 I.P.C., Police Station Ghazipur, District Lucknow, is hereby quashed.

¶9OfÏce is directed to communicate this order to the court below, forthwith. Order Date :- 6.11.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench