Nabi Mohammad and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12220 of 2023 Applicant :- Nabi Mohammad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Chandra Bhanu Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Mr. Rajesh Kumar Gupta, Advocate on behalf of the opposite party Nos.2 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 summoning order dated 05.01.2023 passed by Additional Chief Judicial Magistrate-III, Room No.13, Raebareli in Criminal Case No.1976/2023 and charge-sheet dated 19.06.2021 in case crime no.315 of 2021, u/s 323, 504, 506 IPC and 4 of Muslim Women Marriage Right Act, P.S. Salon, District- Raebareli passed by Additional Chief Judicial Magistrate-III, Court No.27, Lucknow.

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

19.05.2023 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.

¶5Learned 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 26.09.2023.

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

¶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 the summoning order dated 05.01.2023 passed by Additional Chief Judicial Magistrate-III, Room No.13, Raebareli in Criminal Case No.1976/2023 and charge-sheet dated 19.06.2021 in case crime no.315 of 2021, u/s 323, 504, 506 IPC and 4 of Muslim Women Marriage Right Act, P.S. Salon, District- Raebareli passed by Additional Chief Judicial Magistrate-III, Court No.27, Lucknow are hereby quashed.

¶10Office is directed to communicate this order to the trial court, forthwith. Order Date :- 15.12.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench