Sandeep Srivastava @ Sandeep Kumar Srivastav v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12706 of 2023 Applicant :- Sandeep Srivastava @ Sandeep Kumar Srivastav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Jitendra Pratap Singh,Abhay Prakash Shukla,Anurag Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Mr. Aman Sharma, 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 for quashing the charge-sheet dated 15.09.2022 as well as cognizance order dated 23.12.2022 passed by learned Chief Judicial Magistrate, Lucknow in Case No. 127582 of 2022 (State Versus Sandeep Srivastava) arising out of Crime No. 349 of 2022 under Sections 354-Kha, 504, 506 1.P.C., Police Station-Vibhuti Khand, District-Lucknow and the proceedings of Case No. 127582 of 2022.

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

23.11.2023 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 05.12.2023.

¶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 the charge-sheet dated 15.09.2022 as well as cognizance order dated 23.12.2022 passed by learned Chief Judicial Magistrate, Lucknow in Case No. 127582 of 2022 (State Versus Sandeep Srivastava) arising out of Crime No. 349 of 2022 under Sections 354-Kha, 504, 506 1.P.C., Police Station-Vibhuti Khand, District-Lucknow and the proceedings of Case No. 127582 of 2022 are hereby quashed.

¶10Office is directed to communicate this order to trial court forthwith. Order Date :- 22.12.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench