Mo. Daud Khan and Others v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11788 of 2023 Applicant :- Mo. Daud Khan And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Shailesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present application has been filed with a prayer to quash the charge sheet dated 28.01.2021, summoning order dated 17.02.2021 passed in Criminal Case No. 682 of 2021 arising out of F.I.R. No. 486 of 2020, under Sections 406, 419, 420, 504, 506, 352, 34 I.P.C., P.S. Kotwali Nagar, District Sultanpur as well as its entire proceedings.

¶3Learned counsel for the applicants submits that in pursuance of the earlier order dated 03.10.2023 passed in Application u/s 482 No. 9477 of 2023, the matter was sent before the court below for verification of the compromise deed.

¶4It is evident from the record that the factum of the compromise has been verified by the court below vide his report dated 13.10.2023. The compromise deed is appended as Annexure 4 to the application, which goes to show that respondent no. 2 does not want to prosecute the applicants.

¶5Learned A.G.A. fairly concedes 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, viz., 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, has held that inherent power can be used to do real and substantial justice. 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 fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further.

¶8For the discussions made above, the present application is allowed.

¶9Charge sheet dated 28.01.2021, summoning order dated

17.02.2021 passed in Criminal Case No. 682 of 2021 arising out of F.I.R. No. 486 of 2020, under Sections 406, 419, 420, 504, 506, 352, 34 I.P.C., P.S. Kotwali Nagar, District Sultanpur as well as its entire proceedings are hereby quashed.

¶10OfÏce is directed to send a copy of this order to the court concerned, forthwith. Order Date :- 5.12.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench