Vinod Kumar Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Anothers

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11179 of 2023 Applicant :- Vinod Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Anothers Counsel for Applicant :- Shitla Prasad Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

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

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

¶3This application under Section 482 Cr.P.C. has been filed with following prayer:- "to stay the further proceeding of Case No.312/2018, State versus Vinod Kumar Singh, in Case Crime No. 0042/2017 under section 504, 507 IPC, P.S. Mahaura, District-Ambedkar Nagar, pending in the court of Learned Civil Judge (S.D.)/F.T.C./Additional Chief Judicial Magistrate, Ambedkar Nagar, on the basis of Compromise Verification Report, in the interest of justice, during pendency of the aforesaid petition, in the interest of justice."

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

25.7.2023 a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise.

¶5Learned 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 concerned vide report/order dated 19.08.2023.

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

¶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 charge-sheet dated 22.11.2010 filed in Case Crime No.800 of 2010, under Sections 323, 504, 506, 171 Cha I.P.C. read with Section 3 (1) (x) of SC/ST Act, Police Station Musafirkhana, District C.S.M. Nagar as well as cognizance order dated 01.12.2010 and summoning order dated 20.12.2010 passed in Special Trial No.13 of 2013 are hereby quashed.

¶10Office is directed to communicate this order to trial court forthwith. Order Date :- 9.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench