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 No. 128 of 2015 dated 24.11.2015 filed in Case Crime No. 217 of 2015, under Section 406, 420 I.P.C., P.S. Indira Nagar, District Lucknow as well as summoning order dated 14.02.2018 and Non-Bailable Warrant order dated 24.04.2017, passed by learned Additional Chief Judicial Magistrate, Court No. 32, Lucknow.
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 Senior Registrar of this Court vide report dated 14.08.2019.
It is evident from the record that the contents of the compromise were verified by the Senior Registrar on 14.08.2019. It is also evident that the compromise is available on record as annexure No. 5, which reveals that the private opposite parties does not want to prosecute the applicants.
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 No. 128 of 2015 dated 24.11.2015 filed in Case Crime No. 217 of 2015, under Section 406, 420 I.P.C., P.S. Indira Nagar, District Lucknow as well as summoning order dated 14.02.2018 and Non-Bailable Warrant order dated 24.04.2017, passed by learned Additional Chief Judicial Magistrate, Court No. 32, Lucknow, is hereby quashed.
Order Date :- 29.8.2019 S. Shivhare