Heard, 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.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint No.2718 of 2013 (Prem Prakash Singh vs. Shubhash L.Darak and others) pending before the Court of Additional Chief Judicial Magistrate-VIIIth, Room No.32, Lucknow.
Learned counsel for the applicants has submitted that the complaint case was filed by the opposite party No.2 in the Court of Additional Chief Judicial Magistrate-VIIIth, Room No.32, Lucknow which was registered as Complaint Case No.2718 of 2013, under Sections 407, 420, 467, 468, 471, 504, 506 and 120 B I.P.C., Police Indira Nagar, District Lucknow. He further submitted that the summoning order was issued by the court below during the pendency of the aforesaid proceedings and the issue was resolved between the applicants as well as opposite party No.2 by way of compromise and earlier the petition i.e. Criminal Misc. Case No.665 of 2019 was filed for quashing of the summoning order passed by the Additional Chief Judicial Magistrate-VIIIth, Lucknow, on the basis of compromise, the aforesaid petition was disposed of on 25.01.2019 with the direction that the parties may appear before the court below and court below was directed to verify the contents of the compromise.
Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 25.01.2019 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 Additional Chief Judicial Magistrate, Court No.32, Lucknow, verify the contents of compromise and it was duly verified.
Learned 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 court below vide report dated 20.04.2019.
Learned 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.
Hon'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.
In 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.
For the discussions made above, the present application is allowed and entire proceedings of Complaint No.2718 of 2013 (Prem Prakash Singh vs. Shubhash L.Darak and others) pending before the Court of Additional Chief Judicial Magistrate-VIIIth, Room No.32, Lucknow, is hereby quashed.
Order Date :- 17.12.2019/Amit/-