Gaurav Mishra and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12629 of 2023 Applicant :- Gaurav Mishra And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Rinku Verma,Aakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 2533/2021 arising out of Case Crime No. 1074/2019 under Sections 498-A, 323, 324, 325, 504, 506, 377 I.P.C. & Section 3/4 of D.P. Act, Police Station Kotwali, District Unnao "State Verses Gaurav Mishra and another" pending in the court of Chief Judicial Magistrate, Unnao.

¶3Learned counsel for the applicants submitted that vide order dated 23.11.2023 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.

¶4Learned counsel for the applicants submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 01.12.2023.

¶5Learned 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.

¶6Hon'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.

¶7In 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.

¶8For the discussions made above, the present application is allowed and the entire proceedings of Case No. 2533/2021 arising out of Case Crime No. 1074/2019 under Sections 498-A, 323, 324, 325, 504, 506, 377 I.P.C. & Section 3/4 of D.P. Act, Police Station Kotwali, District Unnao "State Verses Gaurav Mishra and another" pending in the court of Chief Judicial Magistrate, Unnao are hereby quashed.

¶9Office is directed to communicate this order to trial court forthwith. Order Date :- 22.12.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench