Raju Rawat and Others v. The State of U.P. Thru. Its Prin. Secy. Deptt. Home, Lko. and Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10992 of 2023 Applicant :- Raju Rawat And Others Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Home, Lko. And Others Counsel for Applicant :- Mohd. Imran Khan 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 charge sheet dated 25.08.2019 arising out of Case Crime No.524 of 2018 under Sections 147, 323, 354Ka, 504, 294 I.P.C. and Section 11/12 of POCSO Act, 2012, P.S.- Ashiyana, District-Lucknow as well as the entire proceedings of S.T. No.686/2019 pending before Additional Sessions Judge/Special Judge, POCSO Act, Lucknow.

¶3Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated

08.06.2023 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.

¶4Learned 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 dated 27.07.2023.

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

¶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 the charge sheet dated 25.08.2019 arising out of Case Crime No.524 of 2018 under Sections 147, 323, 354Ka, 504, 294 I.P.C. and Section 11/12 of POCSO Act, 2012, P.S.- Ashiyana, District-Lucknow as well as the entire proceedings of S.T. No.686/2019 pending before Additional Sessions Judge/Special Judge, POCSO Act, Lucknow are hereby quashed.

¶9Office is directed to communicate this order to the trial court as well as P.S. Ashiyana, District-Lucknow, forthwith. Order Date :- 8.11.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench