Bijendra Singh and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 3608 of 2023 Applicant :- Bijendra Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Prashant Shukla,Priya Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Sri Ajay Kumar Pandey, Advocate and Sri Durgesh Kumar Pathak, Advocate on behalf of the private respondent is taken on record.

¶2Heard, 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.

¶3This application under Section 482 Cr.P.C. has been filed for quashing the impugned chargesheet dated 15.3.2018 filed in F.I.R. No.779 of 2017 lodged under Sections 406 and 420 I.P.C. at Police Station Hazratganj, Lucknow as well as entire proceeding of the case in question.

¶4Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 12.11.2021 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 C.J.M. Lucknow, verify the contents of compromise and it was duly verified.

¶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 below vide report dated 23.12.2021.

¶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 below.

¶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 impugned chargesheet dated 15.3.2018 filed in F.I.R. No.779 of 2017 lodged under Sections 406 and 420 I.P.C. at Police Station Hazratganj, Lucknow as well as entire proceeding of the case in question, is hereby quashed.

¶10OfÏce is directed to communicate this order to the court below, forthwith. Order Date :- 20.11.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench