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Akshendra Pratap @ Dampi & Ors. vs State Of U.P. & Ors.

High Court Of Judicature at Allahabad|28 August, 2019

JUDGMENT / ORDER

Heard learned counsel for the parties and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 11.01.2015 filed in Case Crime No. 547 of 2014, under Sections 308, 504, 506 and 323 I.P.C., Police Station-Chanda, District Sultanpur and also summoning order dated 17.11.2015, passed by the learned Additional Chief Judicial Magistrate-I, Court No.17, Sultanpur in Criminal Case No. 763 of 2015, including entire proceedings.
In pursuance of the order dated 05.08.2019, the applicants as well as the opposite parties appeared before the Senior Registrar for verification of contents of compromise executed between the applicants and private opposite parties.
Learned counsel for the applicants and learned counsel for opposite party no. 2 and 3 jointly submitted that the parties have entered into compromise, which has duly been verified by the Senior Registrar of this Court vide report dated 13.08.2019.
It is evident from the record that the contents of the compromise were verified by the Senior Registrar on 13.08.2019. It is also evident that the compromise is available on record as annexure No. 5, which reveals that the private opposite parties as well as applicants does not want to prosecute each other.
Learned AGA has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the Senior Registrar of this Court .
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, Laws (SC) 2014-3-56. 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 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, charge-sheet dated 11.01.2015 filed in Case Crime No. 547 of 2014, under Sections 308, 504, 506 and 323 I.P.C., Police Station-Chanda, District Sultanpur and also summoning order dated 17.11.2015, passed by the learned Additional Chief Judicial Magistrate-I, Court No.17, Sultanpur in Criminal Case No. 763 of 2015, is hereby quashed.
Order Date :- 28.8.2019 S. Shivhare
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Title

Akshendra Pratap @ Dampi & Ors. vs State Of U.P. & Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 August, 2019
Judges
  • Rajeev Singh